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<br />200706666 <br /> <br />acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance <br />procecds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's <br />rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, <br />insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or <br />restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days <br />after the exeeution ofthis Security Instrument and shall continue to occupy the Property as Borrower's principal rcsidence for at least <br />one ycar after the date of occupancy, unless Lender otherwise agrees in writing, which consent shaH not be unreasonably withheld, <br />or unlcss extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or <br />impair the Propcrty, allow thc Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the <br />Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its <br />condition. Unless it is determined pursuant to Section 5 that repair or restoration is not cconomically feasible, Borrower shall <br />promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid <br />in connection with 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 restoration in a single <br />payment or in a series of progress payments as the work is completed. Ifthe insurance or condemnation proceeds are not sufficient <br />to repair or 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 of the Property. If it has reasonable cause, Lender <br />may inspect the interior of the improvemcnts on the Propcrty. Lender shall give Borrower notice at the time of or prior to such an <br />interior inspection spccifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall bc in default if, during the Loan application process, Borrower or any <br />persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, <br />or inaccurate information or statements to Lender (or failed to provide Lender with matcrial information) in connection with the <br />Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property <br />as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails <br />to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might <br />significantly affect Lender's interest in the Property and/orrights under this Security Instrument (such as a proceeding in bankruptcy, <br />probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to <br />enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable <br />or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or <br />assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited <br />to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying <br />reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured <br />position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, <br />change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or <br />dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not <br />have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all <br />actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security <br />Instrument. These amounts shall bear interest at the Note rate fi'om the date of disbursement and shall be payable, with such interest, <br />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. If 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 making the Loan, Borrower shall pay <br />the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required <br />by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to <br />make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost <br />to Borrower ofthe Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. Ifsubstantially <br />equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately <br />designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these <br />payments as a non-refundable loss reserve in lieu o I' Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding <br />the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such <br />loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period <br />that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requ ires separately <br /> <br />NEBRASKA--Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />Form 3028 1/0 I (Page 5 of 10 Pages) <br />(R&A) RAO 196213 - sicmcrsne - Rev, 11/14/2005 <br /> <br />/\f )/~ <br />.\L/~ <br />~ <br />