|
202405367
<br />to pay Borrower any interest or earnings on such insurance proceeds unless Lender and Borrower agree in writing or
<br />Applicable Law requires otherwise. Fees for public adjusters, or other third parties, retained by Borrower will not
<br />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 be lessened
<br />by such restoration or repair, the insurance proceeds will be applied to the sums secured by this Security Instrument,
<br />whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds will be applied in the
<br />order that Partial Payments are applied in Section 2(b).
<br />(e) Insurance Settlements; Assignment of Proceeds. If Borrower abandons the Property, Lender may file,
<br />negotiate, and settle any available insurance claim and related matters. If Borrower does not respond within 30 days
<br />to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle
<br />the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property
<br />under Section 26 or otherwise, Borrower is unconditionally assigning to Lender (i) Borrower' s rights to any insurance
<br />proceeds in an amount not to exceed the amounts unpaid under the Note and this Security Instrument, and (ii) any
<br />other of Borrower' s rights (other than the right to any refund of unearned premiums paid by Borrower) under all
<br />insurance policies covering the Property, to the extent that such rights are applicable to the coverage of the Property.
<br />If Lender files, negotiates, or settles a claim, Borrower agrees that any insurance proceeds may be made payable
<br />directly to 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 under the Note
<br />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 within
<br />60 days after the execution of this Security Instrument and must continue to occupy the Property as Borrower' s
<br />principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which
<br />consent will not be 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 will not destroy,
<br />damage, or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Whether or not
<br />Borrower is residing in the Property, Borrower must maintain the Property in order to prevent the Property from
<br />deteriorating or decreasing in value due to its condition. Unless Lender determines pursuant to Section 5 that repair
<br />or restoration is not 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, or the taking of, the
<br />Property, 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 or in a series of
<br />progress payments as the work is completed, depending on the size of the repair or restoration, the terms of the repair
<br />agreement, and whether Borrower is in Default on the Loan. Lender may make such disbursements directly to
<br />Borrower, to the person repairing or restoring the Property, or payable jointly to both. If the insurance or
<br />condemnation proceeds are not sufficient to repair or restore the Property, Borrower remains obligated to complete
<br />such repair or restoration.
<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 time
<br />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 or
<br />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 />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
<br />Form 3028 07/2021
<br />Page 8 of 19
<br />*DocMagic
<br />
|