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202403800 <br />payee. Lender may use the insurance proceeds either to repair or restore the Property (as provided in Section 5(d)) <br />or to 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 residence <br />within 60 days after the execution of this Security Instrument and must continue to occupy the Property as <br />Borrower's principal residence for at least one year after the date of occupancy, unless: (i) Lender otherwise <br />agrees in writing, which consent will not be unreasonably withheld; (ii) Lender determines that this requirement <br />shall cause undue hardship for the Borrower; or (iii) extenuating circumstances exist which are beyond Borrower's <br />control. <br />7. Preservation, Maintenance, and Protection of the Property; Inspections. Borrower will not <br />destroy, damage, or impair the Property, allow the Property to deteriorate, or commit waste on the Property. <br />Whether or not Borrower is residing in the Property, Borrower must maintain the Property in order to prevent the <br />Property from deteriorating or decreasing in value due to its condition. Unless Lender determines pursuant to <br />Section 5 that repair or restoration is not economically feasible, Borrower will promptly repair the Property if <br />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 of, <br />the Property, Borrower will be responsible for repairing or restoring the Property only if Lender has released <br />proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or <br />in a series of 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 such <br />disbursements directly to Borrower, to the person repairing or restoring the Property, or payable jointly to both. <br />If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower remains <br />obligated to complete such repair or restoration. <br />If condemnation proceeds are paid in connection with the taking of the property, Lender shall apply such <br />proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent <br />amounts, and then to payment of principal. Any application of the proceeds to the principal shall not extend or <br />postpone the due date of the monthly payments or change the amount of such payments. <br />Lender may make reasonable entries upon and inspections of the Property. If Lender has reasonable cause, <br />Lender may inspect the interior of the improvements on the Property. Lender will give Borrower notice at the <br />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 process, <br />Borrower or any persons or entities acting at Borrower's direction or with Borrower's knowledge or consent gave <br />materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with <br />material information) in connection with the Loan, including, but not limited to, overstating Borrower's income <br />or assets, understating or failing to provide documentation of Borrower's debt obligations and liabilities, and <br />misrepresenting Borrower's occupancy or intended occupancy of the 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 significantly <br />affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien that has priority or may attain <br />priority over this Security Instrument, or to enforce laws or regulations); or (iii) Lender reasonably believes that <br />321-4020758-703 1555500389 <br />NEBRASKA - FHA Deed of Trust With MERS 70228MNE 01/2023 <br />Page 9 of 20 <br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289 <br />I <br />u <br />u <br />II <br />