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200214193 <br />coverage, not otherwise required by [,ender, for damage lo, 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 I zndermaymake proof <br />of loss ifnot made promptly by Borrower, Un less Lender and Bortnwer otherwi sr, agree in wri ling, any insu mice proceeds, <br />whether or not the underlying insurance was mill uired 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 proceeds aril 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 be undertaken <br />promptly. Lender may di sb tit se 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 na[ he 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 he paid out of the insurance p Lord d shall be <br />the sale obligation 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 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. If Borrower does 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 [neither <br />event, or if Lender 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 (b) any other of Borrower's rights (other than the right to any refund ofuneamed 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 rimy <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 Instmnient and shall continue to occupy the Property as Borrower's principal <br />residence for at (cast 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 nut 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 10 <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 u f the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released <br />proceeds for such purposes. Lender nay 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 at <br />restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration_ <br />Lender or its agent may make reasonable entries upon and inspections ofthe Property- Ifit has reasonable cause, <br />Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time ofor <br />Prior to such 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 or entities acting at the direction of Bon'ower or with Borrower's knowledge or consent gave <br />materially talse, misleading, or inaccurate information or statements to Iznder (or failed to provide Lender with material <br />information) in connection with the Loan. Material representations include, but are not limited to, representations concerning <br />But occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Properly and Rights Under this Security Instrument. If <br />(a) Burrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />proceeding that might signi fear Fly affect Lender's interest in the Property and/or rights under this Security Insmiment (such <br />as a proceeding in bankruptcy, probate, for condemnation of forfeiture, for enforcement ofa lien 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 />maydu and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and falls 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 arc nut 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 attorneys' fees to protect its interest in the <br />Property and/or rights under this Security Instrument, brie l aiding its secured position in a bankruptcy proceed i rig. 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 cundilions, and have airlines <br />aimed on m off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any <br />duly or obligation to do so. It is agreed that Lcndei incurs no liability for not taking any oral] actions authorized under this <br />Section 9. <br />Any amounts disbursed by Iznder ardor this Section 9 shall become t additional debt ement and s secured y this <br />Security Instrument These amounts shall bear interest at the Note rate from doe date of disbursemen [arid shall be payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />Ifflus Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If l borrower <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 staking the Loan. <br />Rorrowcr 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 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 LT Mortgage Insurance previously in effect, from an <br />alternate mortgage insurer selected by Lender. If substarniallyequivalen[ Mortgage Inamance coverage is not available, <br />Bortnwer shall continue to pay, to Lander the amount of the separately desiguated payments that were due when the insurance <br />coverage ceased to be in effect. Lender will accept, use and retain these payments as a nun - 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 />full, and Lender shall not be required to pay Burrower aayinterest or earnings on such loss reserve. Lender cau no longer <br />require Toss reserve payments if Morgage Insurance coverage (in the amount and for the period that I ender requires) <br />ro <br />pvided by an insurer selected by Lender again becomes available, is obtained, and Lendcrrequires sepamtelydesnpnated <br />payments toward the premiuns for Mortgage Insurance_ If Leader rcq aired Mortgage Insurance as a condition ofmakmg the <br />Loat, and Borrower was required to make separately designated payments toward the menna tins for Mortgage Insurance. <br />borrower shall pay the presni ems required to maintain Mortgage Insurance in effect, or to provide an on-refundah le 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 tuts <br />Section 10 affects Borrower's obligution to pay interest at the rate provided in the Sole. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if <br />Borrower does nor repay the Luau as agreed. Borrower is nor a party to the Mortgage Insurance. <br />NEBRASKA — SF,,Ie Family -- Fannie Mae /Freddla Nlaf UNIFORM INSTRI: NIENT Form 3028 1 /011,a,,' I of Npngep <br />s15YC11 0 Np GT21ir <br />FU I ViPN/e live <br />