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coverage, not otherwise required by Lender, for <br />standard mortgage clause and shall name Lender <br />In the event of loss. Borrower shall give <br />ofloss ifnat n <br />order shall have the rig <br />o ensure the work has b <br />Lender may disburse <br />as the work is complete <br />surmce proceeds, Lem <br />adjusters, or other thin <br />blieation of Borrower. <br />200206363 <br />to, or destruction of the Property, such policy sball include a <br />ogee and/or as an additional loss payee. <br />atice to the insurance carrier and lender. lendermaymakeproof <br />nd Borrower otherwise agree in writing, any insumnceproceeds, <br />sndeq shall be applied to restoration or repair of the Property, if <br />cr's securi ty is not lessened. During such repair and restoration <br />proceeds until Lender has had an opportunity to inspect such <br />s satisfaction, provided that such inspection shall be undertaken <br />and restoration in a single payment or in a series of progress <br />s made in writing or Applicable law requires interest to be paid <br />)pay Borrower any interest or earnings on such proceeds. Fees <br />Twer shall not be paid out of the insurance proceeds and shall be <br />air is not economically feasible or Lender's security would be <br />ns secured by this Security Instrument, whether or not then due, <br />amceeds shall be applied in the order provided for in Section 2. <br />le, negotiate and settle any available insurance claim and related <br />ionce from Lender that the insurance carrier has offered to settle a <br />to 30 -day period will begin when the notice is given. In either <br />use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the NOW 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 deterimine 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 />c --- c.1...e....:.....en,..m:..., 1.-1 —,. i—Ilv fnacdlr.Bnr.nwer.choll nromntly renair the Prmerty ifdamaged to <br />taMng of, the Property, Borrower shall be responsible for repairing ar restoring the Property only if Lender has released <br />proceeds for such purposes. Lender may disburse proceeds tbrthe repairs and restoration tnasmgle payment or in asenes <br />oTo rogress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or <br />[estme the Property, Borrow- is not relieved of Bonower's obligation for the completion of such repair or restoration. <br />Lender or its agent maymake reasonable entries upon and inspections ofthe Property. Ifi[has reasonable cause, <br />Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or <br />prio, t - so h c 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 m entities acting at the direcfion 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) iv connection with ft1e Loan. Material representations include, butare votNrrdted lo, representations concerning <br />Borrower's occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender,a 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 Properly anend/orTights under this Security Instrument (such <br />as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for forcement of a lien which may attain priority <br />over this Security Instrument or to enforce laws or reglilmons), 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 repairing the <br />Property. Lender's actions can include, but are not limited lo: (a) paying any sums secured by a lien which has priority over <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 />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 building 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 ofiisbursement and shall be payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />Iflhis Security Instrument is on a leasehold, Borrower shall comply with all the provisions ofthe lease. IfBodmwer <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the mergerm 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 Mortgage Insurance in effect. If, for any reason, the Mortgage <br />Insurance coverage required by Lender ceases to be available from 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 paythe premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously <br />in effea at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an <br />alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, <br />Bonower shall continue to pay to Lender the amount ofthe separately designated payments that were due when the insurance <br />coverage ceased to be in effect. Lender will accept, use and retain lliesepayments as a non-refuodab le loss reserve in lieu of <br />Mortgage Insurance. Such loss reserve shall be ion- refundable, notwillistandmgthefact that the Loan is ultimately paid in <br />full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer <br />require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) <br />Bonower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non- remnaame 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 m this <br />Section 10 affects Borrower's obligation to pay 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 />NEBRASKA -- Single Fanvly —Fanni a MWFluldie Mec UNIFORM INSTRUMENT Farm3038 1 /01 (p,,4,yx Pagu) <br />9754.CV (IM) (un5Q <br />