202400467
<br />LOAN #: 1555500253
<br />then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given.
<br />In either event, or if Lender acquires the Property under Section 26 or otherwise, Borrower is uncondi-
<br />tionally assigning to Lender (1) Borrower's rights to any insurance proceeds in an amount not to exceed
<br />the amounts unpaid under the Note and this Security Instrument, and (ii) any other of Borrower's rights
<br />(other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies
<br />covering the Property, to the extent that such rights are applicable to the coverage of the Property. If
<br />Lender files, negotiates, or settles a claim, Borrower agrees that any insurance proceeds may be made
<br />payable directly to Lender without the need to include Borrower as an additional loss payee. Lender may
<br />use the insurance proceeds either to repair or restore the Property (as provided in Section 5(d)) or to
<br />pay amounts unpaid under the Note or this Security Instrument, 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 />(1) Lender otherwise agrees in writing, which consent will not be unreasonably withheld; (2) Lender
<br />determines that this requirement shall cause undue hardship for the Borrower; or (3) extenuating cir-
<br />cumstances exist which are beyond Borrower's control.
<br />7. Preservation, Maintenance, and Protection of the Property; Inspections. Borrower will
<br />not destroy, damage, or impair the Property, allow the Property to deteriorate, or commit waste on the
<br />Property. Borrower must maintain the Property in order to prevent the Property from deteriorating or
<br />decreasing 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 to avoid
<br />further deterioration or damage.
<br />If insurance or condemnation proceeds are paid to Lender in connection with damage to the Property,
<br />Borrower will 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
<br />or in a series of progress payments as the work is completed, depending on the size of the repair or
<br />restoration, the terms of the repair agreement, and whether Borrower is in Default on the Loan. Lender
<br />may make 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 or restore
<br />the Property, Borrower remains obligated to complete such repair or restoration.
<br />If condemnation proceeds are paid in connection with the taking of the property, Lender shall apply
<br />such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first
<br />to any delinquent amounts, and then to payment of principal. Any application of the proceeds to the
<br />principal shall not extend or postpone the due date of the monthly payments or change the amount of
<br />such payments.
<br />Lender may make reasonable entries upon and inspections of the Property. If Lender has reasonable
<br />cause, Lender may inspect the interior of the improvements on the Property. Lender will give Borrower
<br />notice at the time of or prior to such an interior inspection specifying such reasonable cause.
<br />8. Borrower's Loan Application. Borrower will be in Default if, during the Loan application pro-
<br />cess, Borrower or any persons or entities acting at Borrower's direction or with Borrower's knowledge or
<br />consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed
<br />to provide Lender with material information) in connection with the Loan, including, but not limited to,
<br />overstating Borrower's income or assets, understating or failing to provide documentation of Borrower's
<br />debt obligations and liabilities, and misrepresenting Borrower's occupancy or intended 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 Instrument.
<br />(a) Protection of Lender's Interest. If: (i) Borrower fails to perform the covenants and agreements
<br />contained in this Security Instrument; (ii) there is a legal proceeding or government order that might
<br />significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such
<br />as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien that
<br />has priority or may attain priority over this Security Instrument, or to enforce laws or regulations); or
<br />(iii) Lender reasonably believes that Borrower has abandoned the Property, then Lender may do and pay
<br />for whatever is reasonable or appropriate to protect Lender's interest in the Property and/or rights under
<br />this Security Instrument, including protecting and/or assessing the value of the Property, and securing
<br />and/or repairing the Property. Lender's actions may include, but are not limited to: (I) paying any sums
<br />secured by a lien that has priority or may attain priority over this Security Instrument; (II) appearing in
<br />court; and (III) paying: (A) reasonable attorneys' fees and costs; (B) property inspection and valuation
<br />fees; and (C) other fees incurred for the purpose of protecting Lender's interest in the Property and/or
<br />rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing
<br />the Property includes, but is not limited to, exterior and interior inspections of the Property, entering the
<br />Property to make repairs, changing locks, replacing or boarding up doors and windows, draining water
<br />from pipes, eliminating building or other code violations or dangerous conditions, and having utilities
<br />NEBRASKA -Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021 (rev. 7/23)
<br />Modified for FHA 1/2023 (HUD Handbook 4000.1)
<br />ICE Mortgage Technology, Inc. Page 7 of 14 NEEFHA23DE 0823
<br />NEEDEED (CLS)
<br />01/24/2024 01:47 PM PST
<br />
|