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<br />200605441 <br /> <br />shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's <br />security would be lessened, the insurance proceeds shall be applied to <br />the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />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 <br />related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier <br />has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when <br />the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower <br />hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts <br />unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to <br />any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar <br />as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to <br />repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or <br />not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence <br />within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as <br />Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees <br />in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which <br />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 on the Property. Whether or <br />not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property <br />from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that <br />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 connection with <br />damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property <br />only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and <br />restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or <br />condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's <br />obligation for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable <br />cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice <br />at the time of or 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 Borrower or with Borrower's knowledge or consent <br />gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender <br />with material information) in connection with the Loan. Material representations include, but are not limited to, <br />representations concerning 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 (a) <br />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 <br />Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a <br />lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower <br />has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect <br />Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing <br />the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not <br />limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing <br />in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this <br />Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, <br />but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and <br />windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have <br />utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so <br />and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or <br />all actions authorized under this Section 9. <br /> <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />NE Deed <br />231777 NEdccd_conf.doc (Rev 00, 07/03) Page 6 of 13 <br /> <br />Form 3028 lIOI <br />888 8882198296/0304007081 <br />