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202402772
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6/20/2024 4:13:20 PM
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6/20/2024 4:13:17 PM
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DEEDS
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202402772
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202402772 <br />proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work <br />is completed, depending on the size of the repair or restoration, the terms of the repair agreement, and <br />whether Borrower is in Default on the Loan. Lender may make such disbursements directly to Borrower, <br />to the person repairing or restoring the Property, or payable jointly to both. Lender will not be required to <br />pay Borrower any interest or earnings on such insurance proceeds unless Lender and Borrower agree in <br />writing or Applicable Law requires otherwise. Fees for public adjusters, or other third parties, retained by <br />Borrower will not be paid out of the insurance 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 by this <br />Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance <br />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, <br />Lender 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 claim, <br />then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In <br />either event, or if Lender acquires the Property under Section 26 or otherwise, Borrower is unconditionally <br />assigning to Lender (i) Borrower's rights to any insurance proceeds in an amount not to exceed the <br />amounts unpaid under the Note and this Security Instrument, and (ii) any other of Borrower's rights (other <br />than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering <br />the Property, to the extent that such rights are applicable to the coverage of the Property. If Lender files, <br />negotiates, or settles a claim, Borrower agrees that any insurance proceeds may be made payable directly to <br />Lender without the need to include Borrower as an additional loss payee. Lender may use the insurance <br />proceeds either to repair or restore the Property (as provided in Section 5(d)) or to pay amounts unpaid <br />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 the <br />Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender <br />otherwise agrees in writing, which consent will not be unreasonably withheld, or unless extenuating <br />circumstances exist that 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. Whether or not Borrower is residing in the Property, Borrower must maintain the Property in <br />order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless Lender <br />determines pursuant to Section 5 that repair or restoration is not economically feasible, Borrower will <br />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 the <br />repair or restoration, the terms of the repair agreement, and whether Borrower is in Default on the Loan. <br />Lender may make such disbursements directly to Borrower, to the person repairing or restoring the <br />Property, or 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 />1555500275 <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3028 07/2021 <br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289 Page 9 of 22 <br />Y <br />11 <br />11 <br />11 <br />11 <br />11 <br />11 <br />11 <br />11 <br />
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