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200302389 <br />coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a <br />standard mortgage clause and stint] sane Lender as mortgagee and/or as an additional loss payee. <br />In the event of lass, Borrower shall give prom t nonce to the immune carrier and Lender. Lender maymake proof <br />of loss if not 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, shat l be applied to restoration or repair of the 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 satistaction, provided that such inspection shall be undertaken <br />promptly. Lender may disburse proceeds for the repairs and restoration in a sin Ic ppayment or in a series of progress <br />payments as the work is completed Unless an agreement is made in writing or Applicable Law requires interest to be paid <br />on such insurance proceeds, Lender 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 of Borrower. It the restoration or repair is not economically feasible or I ender's security would be <br />lessened, the 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 />If Borrower abandons the Property, Lander may file, negotiate and settle any available insurance claim and related <br />matters. If Burrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a <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 ifLen h,, acquires die Property under Section 22 or otherwise, Borrower hereby assigns to Lender (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 other ol'Burrower's rights (other than the right to any refund of-unearned premiums paid by Borrower) under all <br />insurance policies covering the Property, insofar as such rights are applicable to the coverage ofthe Property. Lender 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 shut] 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 Lender 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. Preservat ion, Maintenance and Protection ofthe Property; 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 n order to <br />prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursumrt to <br />Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property ifdamaged to <br />avoid further de terioration or damage. ifinsurance or condemnation proceeds are paid in connection with damage lo, or the <br />taking of the Property, Borrower shall be responsible Cor repairing or restoring the Property only if Lender has released <br />pree eds for such purposes. Lender may disburse proceeds forthe repairs and restoration in a single payment or in a series <br />of progress payments as the work is completed. Ifthe insurance or condemnation proceeds are not sufficientro repair or <br />restore the Property, Borrower is not relieved of Borrower's obligation for the completion ofsuch repair or restoration. <br />I znder or its a4mnt may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />Ixntdor may inspect the interior of the impprovements on the Property. ]znder shall give Borrower notice at the time infer <br />prior to such an interior inspection spcarfyou such reasonable cause. <br />8. Borrower's Loan Application. Borrower shalt 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 fa]sc, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material <br />information) in connection with the Loan . Mater's include, but are not limited to, representations concerning <br />Borrower's 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. If <br />(a) Borrower fails to pert rm the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />proceeding that might significantly affect Lender's interest in the Property and /or rights under this Security Instrument (such <br />as a proceeding in bankruptcy, probate, for condemnation or forfeiture, Cor enforcement ofa lien which may attain priority <br />over this Security Instrument or to 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 the Property, and securing and /or repairing the <br />Property . Lender's actions can include, but are nut limited to:(a) paying anysums secured bya lien which has priority over <br />this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the <br />Property and /or rights under this Security Instrument, including as secured position in a bankruptcy proceeding. Securing <br />the Property includes, but is not limited to, entering the Property to make repairs, change locks, 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 Lender may take action under this Section 9, Lender does not have to do so and is not under any <br />duty or obligation to do so- It is agreed that Linder incurs no liability for not asking any or all actions authorized under tIris <br />Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured bythis <br />Security Instrument These amounts shall bear interestatthe Not a rate from the date ofdisbursement and shall be payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />Ifthis Security Instrument is on a leasehold, Borrower shall complywith all the provisions ofthe lease. IfBOrrower <br />acquires tee title to the Property, the leasehold and the fee title shall not merge unless lender agres to die merger In writing. <br />1R. 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, fur any reason, the Mortgage <br />Insurance coverage required by Under ceases to be 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 equivalent to the Mortgage Insurance previously <br />in effect, al a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an <br />alternate mortgage insurer selected by Lcader. If substantially equivalent Mortgage Insurance coverage is not available, <br />Bormwcrshot eontinueto payw Lender the amountofthe separately designated payments that were due when the insurance <br />coverage ceased to be in effect [znder will accept, use and retain these payments as a non - refundable loss reserve in lieu of <br />Mortlume Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the I oan is ultimately paid in <br />full, anJ Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer <br />require loss reserve payments if Mort gage Insurance coverage (in the amount and for the period that Lender requires) <br />provided by an insurer selected by Lender again becomes available, is obtained, and Leander requires separately designated <br />payments toward the premiums for Mortgage Insurance. It ender required Mortgage Insurance as a condition ofmakmg the <br />Loan and 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 effect, or to provide a non-refundable loss <br />reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between <br />Borrower and Lender providing far 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 nut a party to the Mortgage Insurance. <br />NFRRASKA-- Single Fatuity -- Fannie Mae /Freddie MOe UNIFORM ISSTRI IMENT Form3028 Lot (page4 f8pege4) <br />97£4 cv(I0?) 1661Uaa <br />vomlmnwase) <br />