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202108902 <br />Doc ID #: xxxxxxxxx762 <br />not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance <br />proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds <br />for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. <br />Unless 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 for public <br />adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be <br />the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security <br />would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in <br />the order provided for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim <br />and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance <br />carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin <br />when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, <br />Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed <br />the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than <br />the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the <br />Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance <br />proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security <br />Instrument, whether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence <br />within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as <br />Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees <br />in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which <br />are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not <br />destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. <br />Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the <br />Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to <br />Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if <br />damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection <br />with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the <br />Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs <br />and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance <br />or 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 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 process, <br />Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent <br />gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender <br />with material information) in connection with the Loan. Material representations include, but are not limited to, <br />NEBRASKA --Single Family-- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />NEBRASKA DEED OF TRUST (SIDOT.NE I <br />338.40 (05/19) Page 7 of 15 <br />IIIuI <br />III V <br />Form 3028 1/01 <br />BANK OF AMER CA N A <br />11111111 <br />HIlmil <br />11111 <br />