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200302196 <br />coverage nut otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a <br />standard mortgage clause and shall name Under as mortgagee and/or as an additional loss payee. <br />In the eventofloss, Borrower shall give prom t notice co the insurance carrier and Lender. Lender may make proof <br />ofloss ifnot made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, <br />whether or not the underlying Insurance was required by Lender, shall be applied to restoration or repair ofthe Property, if <br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration <br />period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shal l be undertaken <br />promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress <br />payments as the work is completed. Unless an agreement is made in writing or Ap, le law requires Interest to be aid <br />on such uporance proceeds, Leader shall not be required to pay Borrower any interest or earnings on such proceeds. Fees <br />for public adjusters, or other third parties, retained by Borrower shall not be paid out ofthe insurance proceeds and shall be <br />the sole obligation o Borrower. If the restoration or repair is not economically feasible or Lender's security would be <br />lessened, die insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, <br />with the excess, If any, paid to Borrower. Such Insurance proceeds shall be applied in the order provided for in Section 2. <br />claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either <br />event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Under (a) Borrower's <br />rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, <br />and (b) any or of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all <br />Insurance policies covering die Property, insofar as such rights are applicable to the coverage of the Property. Under may <br />use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security <br />Instrument, whether or not then due. <br />6. Occupancy. Borrower shall Occupy, establish, and use the Property as Borrower's principal residence within <br />60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal <br />residence for at least one year after the date <br />of occupancy, unless Under otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless <br />extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Properly; Inspections. Borrower shall not destroy, <br />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 shall maintain the Property in order to <br />prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to <br />Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property ifdamaged to <br />proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series <br />of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or <br />restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />Lender may inspect the Interior ofthe improvements on the Property. Lender shall give Borrower notice at the time afar <br />prior to such an Interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave <br />materially false, misleading, ar inaccurate information or statements to Lendcr (or failed to rovidc Lndcr with material <br />information) in connection with the Loan. Material representations include, but are not limit representations concerning <br />Borrower's occupancy ofthe Property as Borrower's principal residence. <br />9. Protection of Leader's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />proceeding that ti In significantly affect Lender's interest in the Propertyand/or right s underthis Security Instrument(such <br />as a proceeding in bankruptcy, probate, for condemnation or forfeiture, far enforcement of lien which may attain priority <br />over this Security Instrument or in enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender <br />may do and pay for whatever is reasonable or appropriate to protect lender's interest in the Property and rights under this <br />Security Instrument, including protecting and/or assessing the value of die Property, and securing and/or repairing the <br />court, and (c) paying reasonable attorneys' tees to <br />the Properly includes, but is not limited to, entering the Propertyto make repairs, change lacks, replace or board up doors <br />and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities <br />turned on or off. Although L:ndcr may lake action under this Section 9, Lender does not have to do so and is oat under any <br />duty or obligation to do so. It is agreed that Linder incurs no liability for not taking any or all actions authorized under this <br />Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this <br />Security Instrument. These amounts shall bear inucestat the Note rate front the date of disbursement and shall be payable, <br />with such interest, upon notice tram Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall complywith all the provisions ofthe lease. IfBorrower <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender 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 paythe premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage <br />Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such <br />insurance and Bort ower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously <br />in effect, at a cost substantially equivalent to the cast to Borrower ofthe Mortgage Insurance previously in effect, front an <br />alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, <br />Borrower shall continue to pay to Lender the amount ofthe separately designated payments thin were due when the insurance <br />coverage ceased to be in a ect. Lender will accept, use and retain these payments as a non- refundahle Inns reserve m lieu of <br />Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Lan is ultimately paid in <br />full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer <br />require lass re,ierve payments If Mortgage Insurance coverage (in the amount and for the period that Lander requires) <br />provided by an insurer selected by Lender again becomes available, is obtained, and 1 Ruder requires separately designated <br />payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition otmakmg the <br />Loot mid Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to maintain Mortgage Insurance in ettect, or to provide a non- refimdable loss <br />reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between <br />Borrower and IRnder providing for such termination or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if <br />Borrower does not repay the Loan as agreed. Borrower Is not a party to the Mortgage Insurance. <br />NEORASKA-- Single Family -- Fannie Mac /Freddi -Mme UNIFORM INSTRUMENT Eorm3028 1101 u,,,4oJ8pnges) <br />,,,i, V(IN2) 1655844 <br />GOTO(0004306c) <br />