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200210313 2011 <br />coverage, not otherwise required by Lender, for damage tom 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 giveprom t notice to the insurance carder and Lender lender maymake proof <br />of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insuranceproceeds, <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 right to hold such insurance ptweeds until Lender has had an opportunity to inspect such <br />Property tu ensure the workhes been completed to lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender may disburse proceeds for the tepaim 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 he requiredto 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 restomlion or repair is not economically feasible or Under's security would be <br />lessened, [he insurance proceeds ehall 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 inaumnce proceeds shall be applied in the order provided for in Section 2. <br />If Borrower abandons the Properly, lender may tile, negotiate and settle any available insurance claim and related <br />metiers. ][Borrower does nottespoud within 30 days toamtice Gom Lender that the insurance carrier has offered to senlea <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 iCLender acquires the Property under Section 22orotherwise, Borrower hereby assigns to Lender (a) Borrower's <br />rights to any insurance proceeds in an amount not m exceed the amounts unpaid under the Note or this Security Instrument, <br />and (b) any otherof Borrower's rights (other than the right to any refund of unearned premiums PPaid 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 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 orthe 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 deteriotation 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 only if Lender has released <br />proceeds for such purposes. Lender 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. If the 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 />Under r its agent may make reasonable entries upon and inspections of the Property. Ifit has reasonable cause, <br />Lender may inspect the interior of the imppro��vements on the Property. Lender shall give Borrower notice at the time of of <br />prior to such an interior inspection specitying 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 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 Lender with material <br />information) in connection with the Loan. Material representations include, but are not lintited m, representations concerning <br />Borrower's occupancy of the Property as Borrower's vrincipal residence. <br />9. Protection of Lender s Interest in the Property and Bights 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 Instrument (such <br />as a proceeding in bankruptcy, probate, for wndemnation of forfeiture, for enforcement of lien which may attain priority <br />over ]his Security Instrument or to enforce laws of regulations), or (c) Borrower has abandoned the Property, then Lender <br />may do and pay for whatever is reasonable of 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 notlimited to:(e) paying any sums secured by a lien which has priority over <br />this Secmily Inshument; (b) afpearing in court; and (c) pa}nng reasonable attorneys' fees to protect its interest in the <br />Property and /ot rights under flits Security lnstmment, including its secured position in a bankruptcy ptoceeding. Securing <br />the Properly includes, but is not Gmiled to, entering the Property to make repairs, change locks, replace or board up doors <br />end windows, drain water from pipes, eliminate building of other code violations or dangerous conditions, and have utilities <br />corned on or oCL Although Lender may take action under this Section 9, Lender does not have to do an and is not under any <br />duty or obligation to do so. II is agreed that lender incurs no liability for not taking any or all actions authorized under this <br />Section <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. IfBormwer <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 Mortgage Insurance in effect. If, for any reason, the Mortgage <br />Insurance coverage required by Lender ceases m be available from the mortgage insurer that previously provided such <br />insurance and Borrower was required to make separately designated payments toward thegvemlums 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 Burrower 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 />Borrower shall continue to to Lender the amount of the separately designated payments that were due when the insurance <br />coverage ceased to be in effect. lender will accept, 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 fact that the Loan is ultimately paid in <br />Cull, 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 />provided by an insurer selected by Lender again becomes available, is obtained, and Lender requites separately designated <br />Etoward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance is a condition ofmaking the <br />Loan and Borrower was required to make separately designated payments toward 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 affects Borrower's obligation to pay interest of 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 1s not a party to the Mortgage Insurance. <br />NEBRASKA -- Single Fatuity <br />-- Fannie Mae /Fndde Mae <br />UNIFORM INSFRUMENT <br />Form3028 <br />1 /01 rpage4of8yageo <br />9954CV(I lo) GIIE21 <br />1f{ <br />■ <br />