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200304365 <br />coverage, not otherwise required by Lendeq for damage to, or destruction of; the Properly, such policy shall include a <br />standard mortgage clause and shall name Lender as mottgagee and /or as an additional lass payee. <br />In the event of loss, Borrower shall give prompt nonce 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 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 shot the right to hold such insurance proceeds until Lender has had an opportunity to inspect such <br />Property to ensure the work has been com lewd 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 />payments w the work Is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid <br />on such ihsurance 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. If the restoration or repair is not economically feasible or Lender'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 to the order provided For in Section 2. <br />IfBorrower 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 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 if Lender acquires the 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 of Borrower's rights (other than the right to any refund ofunearned 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 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 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 ofthe Property; Inspections. Borrower shall not destroy, <br />damage or impair the Property, allow the Property to deteriorate or commit waste <br />nn the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property . order [o <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 a( 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 the repairs and restoration to 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 Proverty. Borrower is not relieved of Borrower's obligation for the completion ofsuch repair or restoration. <br />i -cwtor or us skein nay mane reasonaore entries open arm ms ns , c coy. n .. ,ca..unaa,c ca c <br />Lender may inspect the interior of the imppr�ovements on the Property. nder shall give onower notice at the time ofor <br />prior to such an Interior inspection sped ng such reasonable cause. <br />8. Borrower's loan Application. Borrower shall he in default if, during die 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 />mmerially false, misleading, or inaccurate information or statements to lender (or failed to provide Lender with material <br />information) in connection with the Loan. Material representations include, but are not lim to, 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. It <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />as a <br />over <br />ay for whatever is reasonable or appropriate to protect Lender's interest in the Property <br />omen[, including Protecting and/or assessing the value of the Property, and securing <br />ider's actions can include, but are not limited to: (a) paying any sums secured bya lien w <br />Instrument; (b) appearing in court; and (e) paying reasonable attorneys' fees to prod <br />then <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 budding 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 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 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 comply with all the provisions ofthe lease. IfBomower <br />10. Mortgage Insurance. If Lend[ <br />Borrower shall pay the premiums required to main <br />Insurance coverage required by Lender ceases to b <br />insurance and Borrower was required to make separl <br />Borrower shall pay the premiums required to obtain <br />in effect, at a cost substantially equivalent to the cos <br />alternate mortgage insurer selected by Lender if st <br />Borrowershal continue May to Lender the mount <br />coverage ceased to be to effect. lender will accept, i <br />Mortgage Insurance. Such loss reserve shall be non . <br />fill, and Lender shall not be required to pay Borrow <br />Borrower of the <br />provlaea ny an Insurer smnoreu oy rxnuer again necaums a <br />payments toward the premiums for Mortgage Insurance. If <br />Loan and Borrower was required to make separately deli( <br />Borrower shall pay the premiums required to maintain MI <br />reserve, until Lender's requirement for Mortgage Insura <br />Borrower and Lender providing for such termination or on <br />Section 10 affects Borrower's obligation to pay interest at <br />Mortgage Insurance reimburses Iznder (or any ( <br />Borrower does not repay the Wan as agreed. Borrower is <br />1 unless Lender agrees to the merger in writing. <br />surance so a condition of making the Loan, <br />ice in effect. It for any reason, the Mortgage <br />�ogage insurer that previously provided such <br />x tower the premiums for Mortgage Insurance, <br />nwitfia ding the fact that the Loan is ultimately paid in <br />or earnings ensue loss reserve. Under can no longer <br />n the amount and for the period that Lender requires) <br />is obtained, and Lenderrequires gap aratelydesiU ated <br />required Mortgage Insuranceaz a ofmakingthe <br />I agreement between <br />Law. Nothing in this <br />archases the Now) for certain losses it may incur if <br />to the Mortgage Insurance. <br />NEBRASKA Single Family- Fannie Mac Frediie Mae UNIFORM INS'1'BUMENT Farm3028 I/01 (P^Sa> IApagee) <br />9754.CV(1/02) 1681014 <br />GOTO(0004c4d) <br />