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201803085 201802379 <br />RE- RECORDED <br />would be lessened, the insurance proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds <br />shall be applied in the order provided for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance <br />claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the <br />insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day <br />period will begin when the notice is given. In either event, or if Lender acquires the Property under <br />Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance <br />proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and <br />(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by <br />Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the <br />coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property <br />or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal <br />residence within 60 days after the execution of this Security Instrument and shall continue to occupy the <br />Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender <br />otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating <br />circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall <br />not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste <br />on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the <br />Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. <br />Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, <br />Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If <br />insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, <br />Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds <br />for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in <br />a series of progress payments as the work is completed. If the insurance or condemnation proceeds are <br />not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the <br />completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has <br />reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give <br />Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application <br />process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's <br />knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender <br />(or failed to provide Lender with material information) in connection with the Loan. Material <br />representations include, but are not limited to, representations concerning Borrower's occupancy of the <br />Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security <br />Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security <br />Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property <br />and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for <br />condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security <br />Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender <br />may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and <br />NEBRASKA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 (page 7 of 15 pages) <br />