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200303732 <br />coverage, not otherwise required by Lender, for damage to, ii destruction of the Property, such policy shall include a <br />standard mortgage clause and shall name Lender as mortgagee and/or as an addition.11. ss payee. <br />In the event of loss, Borrower shall give prom notice to the insurance carrier and Lender. lender may make proof <br />of loss if not made promptly by Borrower. Unless Lenderand Borrower otherwise agree inwriting, anyinsumaceproc ads, <br />whether or not the underlying insurance was required by lender, shall 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 ri lit 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 shall be undertaken <br />promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress <br />papnents as the work is completed. Unless an agreement is made in writing or Applicable law requires interest m 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 of[he insurance proceeds and shall be <br />the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be <br />lessened, the insurance proceeds shall be applied m 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, Lender may file, negotiate and settle any available insurance claim and related <br />matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offn-edto settle a <br />claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. to either <br />event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's <br />insurance pro LCICS covering the Properly, msolar 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 nut then duo. <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 yea after the date <br />of occupancy, unless Iender 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 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 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 />avoid further deterioration or damage. Ifinsurance 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. Under 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. Ifthe 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 ofthe Property. Ifit has reasonable cause, <br />Under may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time ofor <br />prior to such an interior inspection specifying such reasonable cause. <br />S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons or entities acting at die 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 pDrovide Lender with material <br />information) in connection with the Loan. Material representations include, but are not limitedm, 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 perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />over this Security Instrument or to cnloree 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 repairini the <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 its secured position in a bankruptcy proceeding. Securing <br />die 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 budding or other code violations or dangerous conditions, and have utilities <br />mined 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 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 interest at the Note rate from the date of disbursement and shall be payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />acquires fee title to the Property, the leasehold and the fee title sl <br />10. Mortgage Insurance. if Lender required <br />Borrower shall pay the premiums required to maintain die Mot <br />Insurance coverage required by Under ceases to be available <br />insurance and Borrower was required to make separately design <br />Borrower shad) pay the premiums required to obtain coverage at <br />in effect, at a cost substantially equivalent to the cost to Branco <br />alternate mortgage insurer selected by Under. Ifsubstantially <br />Borrower shall continue t, pay to Under the amount of the sepa <br />coverage ceased to be in effect Under will accept, use and reta <br />the lease. IfBorr ower <br />the merger in writing. <br />of making the Wan, <br />Cason, the Mortgage <br />page insurance coverage is not available, <br />payments that were duewhen the insurance <br />as anon-refundable loss reserve in lumen' <br />the fact that the Wan is ultimately paid in <br />toll, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Under can no longer <br />require loss reserve payments if MoftZge Insurance coverage (in the amount and for the period that Under requires) <br />provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated <br />payments toward the premiums for Mortgage Insurance. IfLeader required Mortgage insurance as a condition ofmakmg the <br />Wan and Borrower was required to make separately designated payments toward the premiums for Mortgagge Insurance, <br />Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non- rePondable loss <br />reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between <br />Borrower and Under 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 />m <br />Mortgage Insurance rel urses Under (or any entity that purchases the Note) for certain losses it may incur if <br />Borrower does not repay the Wan as agreed. Borrower 1s not a party to the Mortgage Insurance, <br />NEBRASKA - Single Firmly- Fannie Mae/Fremie Mac US [FORM INSTRUMENT Forni Ism (page4oJ8pagee) <br />9754 CV (1102) 1692195 <br />GOTO(000991M) <br />