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coverage, not otherwise required by Lender, for damage to, or test <br />standard mortgage clause and shall name Lender as mortgagee and/o <br />In the event of loss, Borrower shall give prom tnotice to the <br />of loss if not made promptly by Borrower. Unless Lenderand Borrow <br />whether or out the underlying insurance was required by Lender, shal <br />the restoration or repair is economically feasible and Lender's securi <br />period, Lender shall have the right to hold such insurance proceeds <br />200304987 <br />such policy shall include a <br />an <br />r otherwise agree in writing, any ii <br />be applied to restoration or repair <br />i is not lessened. During such rem <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 part ies, retained by Borrower shall not be paid out of the insurance proceeds and shall be <br />the sole obhgatmn 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 fie excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. <br />If Borrower abandons me Property, Lender may file, negotiate and settle any available insurance claim and related <br />matters. If Borrower dues 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 ifLe -do aeq r` the Property under Section 22 or otherwise, Borrower hereby assiyms to Lender (a) Borrower's <br />rights to any insurance proceeds in an amount no[ to exceed the amounts unpaid under the Now or this Security Instrument, <br />and (b) any other of➢orrower's rights (other than the right to anyrefund of unearned premiums paid by Borrower) under all <br />msurane, policies covering the Property, insofar as such rights <br />arc 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 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 correction with damage to, orthe <br />taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released <br />proceeds fur such purposes. Lender may disburse pmceedsfor the repairs and restoration' single payment or in aseries <br />of progress payments as the work is completed. Ifthe insurance or condemnation proceeds are no[ aufficnent to repair or <br />restore the Property, Borrower is not relieved of Borrower's obligation for the completion ofsuch repair or restoration. <br />Lender or its went may make reasonable entries upon and inspections ofthe Property. lfit has reasonable cause, <br />lender may inspect the nnerior of the im rovements on the Property. lender shall give Borrower notice a[ the time ofor <br />prior to such an interior inspection specifying such reasonable cause. <br />R. Borrower's Loan Application. Borrower shall 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 false, misleading, or inaccurate information or statements to Lender (or failed to provide Lander with material <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 />proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security hnstrument (such <br />as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien 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 Properly 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 ar e not limited I. (a) paying any sums secured bye lien which has priority over <br />this Security Instrument; (b) appearing in court; and (c) pay ng reasonable attorneys' fees to protect its interest m the <br />Properl yand /or nights under this Security Instrument, including na secured position in a bankruptcyproceeding. Securing <br />the Property includes, but is not limited to, enterin &the Property to make repairs, change Incks, replace ur board . P d oors <br />and windows, drain water from pipes, eliminate budding or other code violations or dangerous conditions, and have utilities <br />turned on in off. Although Lander may take action under this Section 9, Lender does not have to it sn and is not under any <br />duty or obligation to do so. It is agreed that Iender 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 />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 Leander agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Um, <br />Borrower shall pay the premiums required to maintain the Mortg6ge Insurance in effect. If, for any reason, the Mortgage <br />Insurance coverage required by lender ceases to be available Bom the mortgage insurer that previously provided such <br />insurance and Borrower was required to make separately designated payments to <br />Borrower shall pay the premiums required to obtain coverage substantially equity <br />in effect, at a cost substantially equivalent to the cost to Borrower of the Mortga <br />alternate mortgage insurer selected by Under. If substantially equivalent Mort <br />Borrower shall continue to ay to Lender the amount ofthe separately designated <br />age ceased to be in effect Lender will accept, use and <br />;a a Insurance. Such loss reserve shall be non- refun< <br />nd Lender shall not be required to pay Borrower any <br />'e loss reserve payments of Mortgage Insurance cov <br />led by an insurer selected by Lender again becomes a <br />ents toward the premiums for Mortgage Insurance. If <br />Iron and Borrower was required to make separately designated payments rewind 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 for such termination or until termination is required by Applicable law. Nothing in this <br />Section 10 effects Borrower's obliggation to pa 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 not a party to the Mortgage Insurance. <br />NK1hRASKA -S,,k Family - Fannie MaclFreddiv Mao UNIFORM INSIrill WENT Form3928 IM (pagu4 fS~s) <br />9754 CV (I2) I686ti82 <br />60 11 <br />