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200304.985 <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 name Lender as mortgagee and/or as an additional loss payee. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br />of loss if or made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, <br />whether or not the underlymg 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 rip}�I to hold Such insurance proceeds until Lender has had an opportunity to inspect such <br />Pro erlyto 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 />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 of the insurance proceeds and shall be <br />the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lenders 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, 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 scale 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 Under 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 (h) any other of Borrower's rights (other than the ripJ�t 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 of the 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 ofthis 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 m 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. 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 onl� if Lender has released <br />proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration In a singe 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 Prouertv. Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender may inspect the <br />prior to such an Interior <br />S. Borrowei <br />9. Prefer <br />(a) Borrower fails to <br />proceeding that tai <br />as a proceeding m , <br />over tltis Security Ins <br />terior of the improvements on <br />spaction specifying such roast <br />Loan Application. Bonin <br />or entities acting at the direct <br />g, or inaccurate mfonnation o <br />,with the Loan. Material repre <br />the Property as Borrower's pr <br />of Lender's Interest in the <br />orm the covenants and agree <br />ificantly affect lender's intere <br />ptcy, probate, for condemnatie <br />ent or to enforce laws or regul <br />ocr Is reasonable or approprial <br />iding protecting and/or assess <br />can include, but are not limile <br />(b) appearing in court; and (I <br />cause, <br />e of or <br />II be in default if, during the Loan a placation process, <br />trrower or with Borrower's knowledge or consent gave <br />tents to Lender (or failed to provide Lender with material <br />ms Include, but are not limlad to, representations concerning <br />residence. <br />,rty and Rights Under this Security Instrument. If <br />xmitained in this Security Instrument, (b) there is a legal <br />Property and/or rights under this Security Instrumem (such <br />failure, for enforcement ofalien which may attain priority <br />or (c) Borrower has abandoned the Property, then Lender <br />elect Lender's interest in the Property and rights under this <br />value of the Property, and securing and/or repairing the <br />l paying any sums secured by a lien which has priorityover <br />$ reasonable attorneys' fees to protect its interest In the <br />Its secured position in a bmkruptev moceedina. Securing <br />the Property includes, but is not limited to, entering the Propenyto make repairs, change locks, replace or hoard up doors <br />and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have milities <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 anounts 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. 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 Mortggage Insurance in effect. If, for any reason, the Mortgage <br />Insurance coverage required by lender ceases to be available Gam 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, at a cost substantially equivalent to the cost to Borrower ofthe Mortgage Insurance previously in effect, from an <br />alternate mortgage insurer selected by Lender. Ifsubstantially equivalent Mortgage Insurance coverage is not available, <br />Borrowershal continucto pay to Lender the amount of separately designated payments that were due when ihemsurance <br />veraae ceased to be in effect. Lender will accent, use and retain these Payments as a non - refundable loss reserve in lieu of <br />Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fa <br />full, and Lender shall not be required to pay Borrower any Interest or earnings on such <br />require loss reserve payments If Mortgage Insurance coverage (in the amount and fi <br />Provided by an insurer selected by Lender again becomes available, is obtained, and Le <br />Etoward the premiums for Mortgage Insurance. If Lender required Mortgage I <br />Loan and Borrower was required to make separately designated payments toward the <br />Borrower shall pay the premiums required to maintain Mortgage Insurance In effect, <br />reserve, until Lender's requirement for Mortgage Insurance ends in accordance wi <br />Borrower and Grader providing for such lamination or until termination is required I <br />Section 10 affects Borrower's oblirtion to pay interest at the rate provided in the Nol <br />Mortgage Insurance reimburses Lender (or any entity that purchases the No <br />Borrower does not repay the Ivan as agreed. Borrower Is not a party to the Mortgage <br />NEBRA5RA- Single Family- Fannie. Mee/Fredi ie Mae UNIFORM INSTRUMENT <br />9754 CV 1686635 <br />,ranee re a condition of making the <br />miums for Mortgage Insurance, <br />o provide a non - refundable loss <br />any written agreement between <br />applicable Law. Nothing in this <br />for certain losses it may incur if <br />Farm3028 1/01 (page4of8paget) <br />GOII$WO4dado <br />