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20180 1381 <br />an agreement is made in writing or Applicable Law requires interest to be paid on such insurance <br />proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees <br />for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance <br />proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically <br />feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums <br />secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />Such insurance proceeds 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 <br />the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. <br />The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the <br />Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to <br />any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security <br />Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned <br />premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights <br />are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair <br />or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether <br />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 <br />the Property as Borrower's principal residence for at least one year after the date of occupancy, unless <br />Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless <br />extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower <br />shall 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. <br />If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the <br />Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has <br />released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration <br />in a single payment or in a series of progress payments as the work is completed. If the insurance or <br />condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of <br />Borrower's obligation for the 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 <br />give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable <br />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 <br />Lender (or failed to provide Lender with material information) in connection with the Loan. Material <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Bankers Systems'" VMP® <br />Wolters Kluwer Financial Services 2018110518.3.0.2108-J20180323Y <br />1310386 <br />Form 3028 1/01 <br />12/2017 <br />Page 7 of 16 <br />