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2/17/2023 4:37:21 PM
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2/17/2023 4:37:19 PM
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202300790
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202300790 <br />Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of <br />progress payments as the work is completed, depending on the size of the repair or restoration, the <br />terms of the repair agreement, and whether Borrower is in Default on the Loan. Lender may make <br />such disbursements directly to Borrower, to the person repairing or restoring the Property, or payable <br />jointly to both. Lender will not be required to pay Borrower any interest or earnings on such insurance <br />proceeds unless Lender and Borrower agree in writing or Applicable Law requires otherwise. Fees <br />for public adjusters, or other third parties, retained by Borrower will not be paid out of the insurance <br />proceeds and will be the sole obligation of Borrower. <br />If Lender deems the restoration or repair not to be economically feasible or Lender's security would <br />be lessened by such restoration or repair, the insurance proceeds will be applied to the sums secured <br />by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such <br />insurance proceeds will be applied in the order that Partial Payments are applied in Section 2(b). <br />(e) Insurance Settlements; Assignment of Proceeds. If Borrower abandons the Property, Lender <br />may file, negotiate, and settle any available insurance claim and related matters. If Borrower does <br />not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a <br />claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice <br />is given. In either event, or if Lender acquires the Property under Section 26 or otherwise, Borrower <br />is unconditionally assigning to Lender (i) Borrower's rights to any insurance proceeds in an amount <br />not to exceed the amounts unpaid under the Note and this Security Instrument, and (ii) any other <br />of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) <br />under all insurance policies covering the Property, to the extent that such rights are applicable to <br />the coverage of the Property. If Lender files, negotiates, or settles a claim, Borrower agrees that any <br />insurance proceeds may be made payable directly to Lender without the need to include Borrower as <br />an additional loss payee. Lender may use the insurance proceeds either to repair or restore the Property <br />(as provided in Section 5(d)) or to pay amounts unpaid under the Note or this Security Instrument, <br />whether or not then due. <br />6. Occupancy. Borrower must occupy, establish, and use the Property as Borrower's principal <br />residence within 60 days after the execution of this Security Instrument and must 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 will not be unreasonably withheld, or unless <br />extenuating circumstances exist that are beyond Borrower's control. <br />7. Preservation, Maintenance, and Protection of the Property; Inspections. Borrower <br />will 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 must maintain the <br />Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. <br />Unless Lender determines pursuant to Section 5 that repair or restoration is not economically feasible, <br />Borrower will promptly repair the Property if damaged to avoid further deterioration or damage. <br />If insurance or condemnation proceeds are paid to Lender in connection with damage to, or the taking <br />of, the Property, Borrower will 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 in a <br />single payment or in a series of progress payments as the work is completed, depending on the size of <br />2201554695 <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021 <br />Wolters Kluwer Financial Services, Inc. 10/2022 <br />2023021323.1.0.4809J20221024Y Page 9 of 22 <br />1 <br />4 <br />1 <br />
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