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200301241 <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence <br />within 60 days after the execution of this Security Instrument and shall 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 consent <br />shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall <br />not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or <br />not Spil r is residing In the Property, Borrower shall maintain the Property in order to prevent the Property from <br />deteriorating or decreasing In value due to its condition. Unless it is determined pursuant to Section 5 that repair or <br />restoration is not economically feasible, Borrower shall promptly repair the Property If damaged to avoid further deterioration or <br />damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, <br />Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. <br />Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the <br />work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is <br />not relieved of Borrower's ublgation for the completion of such repair or restoration. <br />Lender or HE agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause. <br />Lender may inspect the Interior of the improvements on the Property. Lander shall give Borrower notice at the time of or prier <br />to such an Interior Inspection specifying such reasonable cause. <br />6. Borrowers Loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons or entitles acting at the direction of Borrower or with Borrower's knowledge or consent gave <br />materially false, misleading• or inaccurate information or statements to Lender (or felled to provide Lander with material <br />information) In connection with the Loan. Material representations include, but are not United to, representations concerning <br />Borrowers occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security <br />Instrument If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there <br />Is a legal proceeding that might significantly affect Lender's interest in the Property anchor rights under this Security Instrument <br />(such as a proceeding In bankruptcy, probate, for condemnation or forfelture, for enfomeawt of a Ilen which may still <br />priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then <br />Lander may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property antl rights under <br />this Security Instrument, including protecting anchor assessing the value of the Property, and securing endlor repairing the <br />irmparty. Lenders actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over <br />this Security Instrument; (b) appearing in court; and (c) paying reasonable auomeys' fees to protect its interest in the Property <br />and/or rights under this Security Instrument, Including its secured position h a bankruptcy proceeding. Securing the Property <br />Includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, <br />drain water from pipes, ellmmate building or other code violations or dangerous conditions, and have utilities turned on or off. <br />Afthcugh Lander may take action under this Section 9, Lander does not have to do so antl Is not under any duty or <br />obligation to do $o. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section <br />9. <br />Any amounts disbursed by Lander under this Section 9 shall become additional debt of Borrower secured by this <br />Security Instrument. These amounts shall bear merest at the Note rate from the date of disbursement and shall be payable, <br />with such Interest, upon notice from Lander to Borrower requesting payment. <br />If this Security Instrument Is on a leasehold Borrower shall comply with all the provisions of the lease. If Borrower <br />acquires fee tale to the Property, the Isasahold and the fee title shall not merge unless Lander agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mortgage Insurance In effect. If, for any reason, the Mortgage <br />Insurance coverage required by Lender ceases to he available from the mortgage insurer that previously provided such <br />insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to obtain coverage substantially equNaant to the Mortgage Insurance previously in <br />effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an <br />alternate mortgage Insurer selected by Land.. if substantially Equivalent Mortgage Insurance coverage Is not available, <br />Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the <br />Insurance coverage ceased to be in effect. Lander will accept, use and retain these payments as a non - refundable loss <br />reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable. notwithstanding the fact that the Loan is <br />Ultimately paid in full, and Lander shall not be required to pay Borrower any Interest or earnings on such loss reserve. Lander <br />can no longer require less reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender <br />requires) provided by an insurer selected by Lander again becomes available, is obtained and Lender requires separately <br />designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of <br />making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage <br />Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable <br />loss reserve, until Lender's requirement for Mortgage Insurance ends In accordance with any written agreement between <br />Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section <br />10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lander (or any entity that purchases the Note) for certain losses H may Incur if <br />Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force horn time to time, and may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and <br />conditions that are satisfactory to the mortgaga nsurer and the other party (or parties) to these agreements. These <br />agreements may require the mortgage Insurer to make payments us'mg any source of funds that the mortgage insurer may <br />have available (which may Include funds obtained from Mortgage Insurance premiums.) <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, and rehsureq any other <br />entity, or any affiliate of any of the foregoing, may receWe (directly or indirectly) amounts that derive from (or might be <br />characterized as) a portion of Borrowers payments for Mortgage Insurance, n exchange for sharing or modifying the mortgage <br />insurer's risk, or reducing losses. If such agreement provides that an affilate of Lander takes a share of the insurer's risk In <br />exchange for a share of the premiums paid to the insurer, the arrangement is often termed 'captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that the Borrower has agreed to <br />pay for Mortgage- Insurance, or any other terms of the Loan. Such agreements will not <br />increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle <br />Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has -if any- with respect <br />to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. <br />These rights may include the right to receive certain disclosures, to request and obtain <br />cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated <br />automatically, and/or to receive a refund of any Mortgage Insurance premiums that were <br />unearned at the time of such cancellation or termination. <br />NEBRASKA -anal. Fvey- Fannin MaelFredda Mac UNIFORM INSTRUMENT Farm 3 T28101asestmn (r poor <br />,5.7400-0 <br />