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200303342 <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 shall time Lender as mortgagee and/or as an additional loss payee. <br />In the event of loss, Borrower shall give prom t notice to the insurance carrier and Lender. Lender may make 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, shall be applied ta 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 ripJtI to hold such insurance proceeds until Lender has had an opportunity to inspect such <br />Propeto ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />prompt y. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress <br />for public 3 usteIs, or omcr mir0 parties, retained by Borrower shall not be paid out ofthe insurance proceeds and shall be <br />the sole obligation of Borrower. ]f the restoration or repair is not economreally feasible or Lender's security would be <br />lessened, the insurance proceeds shat l 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 m the order provided for in Section 2. <br />If Borrower abandons the Properly, Lender may file, negotiate and settle any available insurance claim and related <br />matters. IfBOrrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered m settle a <br />claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. 1. e ther <br />event, or ifl.erider acquires the Property andcr Section 22 m otherwise, Borrower hereby assigns m Lender (a) Borrower's <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 shall occupy, establish, and use the Property as Borrower's principal residencewithin <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. Preservation, Maintenance and Protection of the 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 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 if damaged to <br />avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the <br />taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released <br />proceeds for such purposes. Lender may disburse proceeds for[ he 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 sufficient to repair or <br />restore [he Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender or rts agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />Lender may inspect the interior of the im rovements on the Property. Lender shall give Borrower notice at the time of or <br />prior [o 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 a[ the direction of Borrower 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 material <br />information) in connection with [he loan. Material representations include, but are not firm representations concerning <br />Borrower's occupancy ofthe 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 perform 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 Ins trume nt (s uc <br />h <br />as a proceeding in bankruptcy, probate, for condemnation or forfcimre, for enforcement ofa lien which may attain priority <br />over this Security instrument or m enforce laws or regulations), or (c) Borrower has abandoned the Properly, then lender <br />may do and pay for whatever is reasonable or apProf ate m protect Lender's interest in the Property and rights under [his <br />Security instrument, including protecting an or assessing the value of the Property, and securing and/or repairing the <br />Properly. Lender's actions can include, but are not limited to: (a) paying any sums secured bya lien which has priority over <br />this Security Instrument; (b) appearing in court ; and (o) paying reasonable attorneys' fees to protect its interest in the <br />the Property Includes, but is not limited to, entering the Property to make repairs, change looks, repla ard <br />ce or bo up doors <br />and windows, drain water from pipes, eliminate but 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 Lender incurs no liability for not taking any or all actions Milhorized 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 interest at the Note rate from the data of disbursement and shall be payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the 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 pay the premiums required to maintain the Mort gage Insurance in effect If, for any reason, the Mortgage <br />Insurance coverage required by Lender ceases to be available from the mortgage insurer that oreviously movided such <br />Borrower shall pay the premiums required to obtain coverage substantially equi <br />in effect, at a cast substantially equivalent to the cost to Borrower of the Mortg <br />alternate mort gage insurer selected by Lender. If substantially equivalent Me <br />Borrower shall continue w payto Lender the amount of the separately designate <br />coverage ceased to be in effect Lender will accept, use and retain these ppaymen <br />Mortgage Insurance. Such lass reserve shall be non - refundable, notwithstandin <br />full, and Lender shall not be required to pay Borrower any interest or earnings <br />require loss reserve payments If Mortgage Insurance coverage (in the amoun <br />provided by an insurer selected by Lender again becomes available, is obtained, <br />payments toward the premiums for Mortgage Insurance. If Lender required Me <br />Loan and Borrower was required to make separately designated payments tow <br />Borrower shall pay the premiums required to maintain Mortgage Insurance in <br />reserve, until Lender's requirement for Mortgage Insurance ends in accord <br />Borrower and Lender providing for such termination or until termination is re <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in <br />Mortgage Insurance reimburses Lender (or any entity that purchases <br />Borrower does not repay the Loan as agreed. Borrower 1s not a party to the Mt <br />age Insurance previously in effect, from an <br />rigage Insurance coverage is not available, <br />d payments thin were due when the insurance <br />Is as a non - refundable loss reserve in lieu of <br />g the fact that the Loan is ultimately paid in <br />on such loss reserve. Lender can no longer <br />I and for the period that Lender requires) <br />and Lender requires separately designated <br />rtgage Insurance as a condition ofmakmg the <br />aid the premiums for Mortgagge Insurance, <br />effecS or to provide a non- refirndable loss <br />ante with any written agreement between <br />gaired by Applicable Law. Nothinginthis <br />he Note. <br />the Note) for certain losses it may incur if <br />NEBRASKA -- Single Faadly- Fannie M.e Freddie Mac UNIFORM INSTRUMENT Form3038 Ilm lyagesof8pages) <br />9754 CV (1103) 1668441 <br />