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OFT 6� <br />2002186 200214012 <br />coverage, <br />re <br />not otherwise quired 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 />It the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br />of loss ifnot made prompt fly by Borrower. Unless Lender and Borrower otherwise agree in welling, any insurance proceeds, <br />whether or not the underlying insurance was rcq in red by Lcnder, shall be applied to restoration or repair ofthe Property, if <br />the resonation or repair is economically feasible and Lender s security is not lessened- During such repair and restoration <br />period, Lender shall have the 1 g m hold such insuranec proceeds mod Lender has had an opportunity to inspect such <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall he undertaken <br />promptly. Lender rile disburse proceeds for the repairs and resmrati on 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 he 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 ofthe insurance proceeds and shall be <br />the sole obligation of Borrower. If the restoration or repair is not ecommnically 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, ifany, 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. IfBorrower does not respond within 30 days to a notice from Leader that the insurance carrier has ofliered to settle a <br />claim, then Lcnder 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 Propertv under Section 22 or ofhcrwlse, Borrower hereby assigns to Lender (a) Borr'ower'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 of uneamed premiums paid by Borrower) under all <br />insurance policies ravening the Properly, iusofor as such rights are applicable to the coverage ofthe Property Lender may <br />use the insurance proceeds either to repair or lestm e the Property or to pay amounts unpaid under the Note or this Security <br />Instrument, whether m 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 />l-wadencc far 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 />on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to <br />prevent the Property front deteriorating or decreasing in value due to its condition. Unless it is delemened pursuant to <br />Section 5 that repair or restoration is not economically feasible. Borrower shall promptly repair the Property if damaged to <br />,,,aid further date, ou mina or damage. It insurance or condemnation proceeds are paid in connection with damage to, or the <br />taking of', the Propeny, Borrower shall he responsible for repairing or restoring the Property only it Lender has released <br />proceeds for such purposes. Lender may disbar SC proceeds forthe repairs and restoration in a single payment or in a series <br />of progress payments as the work is completed If the insurance or condenmation proceeds are not suflicieal to repair or <br />restore the Property, Burrower is not relieved of Borrower's obligation for the completion ofsuch repair or restoration <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />Lender may inspect the interior ofthe improvements on the Property. Lender shall give Borrower notice at the tittle of or <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 Burrower or with Borrower's knowledge or consent gave <br />materially false, misleading, or inaccurate infonnotion or statements to Lender (or failed to provide Lender with mafcrtsl <br />information) in connection with the l ran. Material l epaSentations include, but are not invited to. representations concerning <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. It <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />procceding thahmight significanllyaffeet Lender's interest in the Property and/or rights under this Seem itylnsnument(such <br />as a proceeding in bankruptcy, probate, for condemnation of forfeiture, for enforcement ofa lien which may attain priority <br />over this See fly 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 appropi into 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 seen, ing and/or repairing the <br />Property. Lender's actions can include, but are not limited to (a) paying any sums secured by a lien which has priority over <br />this Security Instrument; (b) appearing in court; and (c) paying reasonable ahomeys' fees to protect its interest in the <br />Property and/or rights under this Security Instalment, 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 no likes <br />turned on or off. Although Lender may to ke sari on under th i s Scott on 9, Fell der does nut 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 authoriaed under this <br />Section 9. <br />Any amounts disbursal 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 ram from the date ofdisbwaement and shall be payable, <br />Aid, such interest, upon notice from Lender to Borrower requesting payment. <br />If ibis Security Instrument is on it leasehold, Borrower shall comply with all the provisions ofthe lease. IfBorower <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 />l0. Mortgage Insui anee. If Lender required Mortgage Insurance as a condition of making the Loun, <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 Leader ceases to be available from the mortgage insurer that previously provided such <br />insurance and Borrower was required to make separately designated payments toward thepremiu ns for Mortgage Insurance, <br />Bmmowcr 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 of the Mortgage Insmance previously in effect, from an <br />alternate mortgage insurer selected by Lender. It substantially equivalent Mortgage Insurance coverage is nut available. <br />Borrower shall continue to pay to Lender the notarial ofthe separatelydesignated payments that weredue when the insurance <br />coverage ceacedlobe in effect. Lender will accept, use and retain these paymemsas a non - refundable loss rescrveinlieuof, <br />Mortgagelnsurance Such loss reset noel <br />- refundable, shall be no- refundable, notwithstanding the fact that the Loan is ultimately paid in <br />full, and Lcnder shall not be required to pay Borrower any interest creaming, on such loss reserve. Lcndcreaa nu longer <br />require loss reserve payments if Mortgage Insumncc 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 requires separamlydcsignatcd <br />payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as accnclaron of'makingthe <br />Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required m maintain Mortgage Insurance in effect, or to provide a non - refundable loss <br />rescrvc, 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 obliggation to pay interest illiterate provided in the Note. <br />Mortgage Insurance rcimbarses Lender (or any entity that purohases the Note) for certain losses array incur' if <br />Borrower does not repay die Loan as agreed. Borrower isnot a party to the Mortgage Insurance. <br />NEBRASKA - -Single FV,,K Fannie 1Lv /Fre0nle NVC 1'YIFOIIN INSTIi1lVIEVT Form3028 1101 (paye4ol Spages) <br />,,,,(iO -e GI315o <br />GOln1.11U]b1nt <br />