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� 99 �os8s4 <br /> lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or <br /> not then due,with any excess paid to Borrower. If Borrowei '�andons the Property, or does not answer within <br /> 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect <br /> the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured <br /> by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. <br /> Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall <br /> not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the <br /> amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any <br /> insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to <br /> Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. <br /> 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br /> u establish and use the Pro ert as Borrower's rinci al <br /> A lication; Leaseholds. Borrower shall occ py, , p y p P <br /> PP <br /> residence within sixty days after the execution of this Security Instrument and shall 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 shall not be unreasonably withheld, or unless extenuating <br /> circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the <br /> Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if <br /> any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment <br /> could result in forfeiture of the Property or otherwise materially impair the lien created by this Security <br /> Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in <br /> paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith <br /> determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of <br /> the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if <br /> Borrower, during the loan application process, gave materially false or inaccurate information or statements <br /> to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced <br /> by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property <br /> as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the <br /> provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not <br /> merge unless Lender agrees to the merger in writing. <br /> 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and <br /> agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br /> Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture <br /> or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value <br /> of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured <br /> by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys' fees <br /> and entering on the Property to make repairs.Although Lender may take action under this paragraph 7, Lender <br /> does not have to do so. <br /> Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower <br /> secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these <br /> amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest, <br /> upon notice from Lender to Borrower requesting payment. <br /> 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan <br /> secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage <br /> insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases <br /> to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the <br /> mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the <br /> mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If <br /> substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month <br /> a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the <br /> insurance coverage lapsed or ceased to be in effect.Lender will accept,use and retain these payments as a loss <br /> reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of <br /> Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by <br /> an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums <br /> required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for <br /> mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable <br /> law. <br /> 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. <br /> Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the <br /> inspection. <br /> 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in <br /> connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of <br /> condemnation, are hereby assigned and shall be paid to Lender. <br /> In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this <br /> Security Instrument, whether or not then due,with any excess paid to Borrower. In the event of a partial taking <br /> of the Property in which the fair market value of the Property immediately before the taking is equal to or <br /> greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless <br /> Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced <br /> by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured <br /> immediately before the taking, divided by (b) the fair market value of the Property immediately before the <br /> LOAN ID: 5700191009 <br /> NEBRASKA-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT A�'J FORM 3028 9/90(page 3 oj 6 pages) <br /> DT3028A.NEM [I/R 2/3/98] <br />