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202306441 <br />If Lender deems the restoration or repair not to be economically feasible or Lender's <br />security would be lessened by such restoration or repair, the insurance proceeds will be <br />applied to the sums secured by this Security Instrument, whether or not then due, with the <br />excess, if any, paid to Borrower. Such insurance proceeds will be applied in the order that <br />Partial Payments are applied in Section 2(b). <br />(e) Insurance Settlements; Assignment of Proceeds. If Borrower abandons the <br />Property, Lender may file, negotiate, and settle any available insurance claim and related <br />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. <br />The 30 -day period will begin when the notice is given. In either event, or if Lender acquires <br />the Property under Section 26 or otherwise, Borrower is unconditionally assigning to Lender (i) <br />Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid <br />under the Note and this Security Instrument, and (11) any other of Borrower's rights (other <br />than the right to any refund of unearned premiums paid by Borrower) under all insurance <br />policies covering the Property, to the extent that such rights are applicable to the coverage of <br />the Property. If Lender files, negotiates, or settles a claim, Borrower agrees that any insurance <br />proceeds may be made payable directly to Lender without the need to include Borrower as an <br />additional toss payee. Lender may use the insurance proceeds either to repair or restore the <br />Property (as provided in Section 5(d)) or to pay amounts unpaid under the Note or this Security <br />Instrument, whether or not then due. <br />6. Occupancy. Borrower must occupy, establish, and use the Property as Borrower's <br />principal residence within 60 days after the execution of this Security Instrument and must <br />continue to occupy the Property as Borrower's principal residence for at least one year after <br />the date of occupancy, unless Lender otherwise agrees in writing, which consent will not be <br />unreasonably withheld, or unless extenuating circumstances exist that are beyond Borrower's <br />control. <br />7. Preservation, Maintenance, and Protection of the Property; Inspections. <br />Borrower will not destroy, damage, or impair the Property, allow the Property to deteriorate, or <br />commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower <br />must maintain the Property in order to prevent the Property from deteriorating or decreasing <br />in value due to its condition. Unless Lender determines pursuant to Section 5 that repair or <br />restoration is not economically feasible, Borrower will promptly repair the Property if damaged <br />to avoid further deterioration or damage. <br />If insurance or condemnation proceeds are paid to Lender in connection with damage <br />to, or the taking of, the Property, Borrower will be responsible for repairing or restoring the <br />Property only if Lender has released proceeds for such purposes. Lender may disburse <br />proceeds for the repairs and restoration in a single payment or in a series of progress payments <br />as the work is completed, depending on the size of the repair or restoration, the terms of <br />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 <br />payable jointly to both. If the insurance or condemnation proceeds are not sufficient to repair <br />or restore the Property, Borrower remains obligated to complete such repair or restoration. <br />Lender may make reasonable entries upon and inspections of the Property. If Lender <br />has reasonable cause, Lender may inspect the interior of the improvements on the Property. <br />Lender will give Borrower notice at the time of or prior to such an interior inspection specifying <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />FORM 3028 07/2021 <br />Page 10 of 23 <br />Powered by Docu Prep Inc. 2023 66 5846 <br />