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202403761 <br />depending on the size of the repair or restoration, the terms of the repair agreement, and whether <br />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 <br />required to pay Borrower any interest or earnings on such insurance proceeds unless Lender and <br />Borrower agree in writing or Applicable Law requires otherwise. Fees for public adjusters, or <br />other third parties, retained by Borrower will not be paid out of the insurance proceeds and will be <br />the sole obligation of Borrower. <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 applied to <br />the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid <br />to Borrower. Such insurance proceeds will be applied in the order that Partial Payments are applied <br />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 <br />Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has <br />offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will <br />begin when the notice is given. In either event, or if Lender acquires the Property under Section <br />26 or otherwise, Borrower is unconditionally assigning to Lender (i) Borrower's rights to any <br />insurance proceeds in an amount not to exceed the amounts unpaid under the Note and this Security <br />Instrument, and (ii) any other of Borrower's rights (other than the right to any refund of unearned <br />premiums paid by Borrower) under all insurance policies covering the Property, to the extent that <br />such rights are applicable to the coverage of the Property. If Lender files, negotiates, or settles a <br />claim, Borrower agrees that any insurance proceeds may be made payable directly to Lender <br />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 <br />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 <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 the <br />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. 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 <br />condition. Unless Lender determines pursuant to Section 5 that repair or restoration is not <br />economically feasible, Borrower will promptly repair the Property if damaged to avoid further <br />deterioration or damage. <br />If insurance or condemnation proceeds are paid to Lender in connection with damage to, <br />or the taking of, the Property, Borrower will be responsible for repairing or restoring the Property <br />only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the <br />repairs and restoration in a single payment or in a series of progress payments as the work is <br />completed, depending on the size of the repair or restoration, the terms of the repair agreement, <br />and whether Borrower is in Default on the Loan. Lender may make such disbursements directly <br />NEBRASKA --Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Form 3028 07/2021 <br />Page 8 of 20 <br />