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<br />200707117 <br /> <br />work is cumpleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on sneh insurance <br />proceeAfs, Lender shall not be regnired 1.0 p"y Borrowcr any interest Or earnings on such proceeds, Fees for public adjusters_ 01" <br />other third p,mies, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of <br />Borrower. If the ",,[Orallon or repmr is not economically feasible or Lender's security would be lessened, the insurAnce <br />proceeds shall be applie.d 10 the sums .ee11red hy Ihis Security Instrument, whether OJ' not Ihen due~ with the excess, if any, paid <br />to Borrower. Such insurance proceeds shall be IIpplied in the order provided fur in Section 2. <br />If BUIIUwer abandons the Property, Lender m"y file, negotiate and settle any available insurance elaim and relAted <br />matters. If Borrower does not respond wilhin 30 days to a notice from Lender that the insurance carrier has offered to senle a <br /><.:1"i1ll, then Lender may negotiate and settle tbe claim. The 30-day period will begin when the notice is given. In either evenl, <br />or if Lem\"r a(;(!'lires the Property lindeI' Scction 22 or otherwilie, Burrower h"",by "ss.igIls tu Lender (a) Burrower's rights to <br />any insnrance proceeds in an amount nol to exceed the amounts unpaid under the Note or this Security Instrnment, and <br />(b) any other of Borrower's righls (olher than the right to any rcfund of unearned prcmiums paid by Borrower) nnder all <br />insurance policies covering Ihe Property, insofar as such rights are applicablc 10 the covcrage of the Property. Lender may usc <br />the insurallce proceeds either 10 repmr or restore the Property or to pay amounts unpaid under the Note or this Security <br />Instrument, whcther or not then due. <br />6. Occupancy. Borrower shan occupy, establish, and use the Propcrty AS Borrower's principal residence within 60 <br />days afler the execution of this Security Instrument and shall conlinue to occupy the Property lIS Borrower's principal residence <br />for at least one ye,U' after the date of occupancy, nnless L<lnde< otherwise agrees in writing, which consent shall not be <br />unreasonably withheld, or unless extenllatillg circumstauces exist which are beyond Borrower's control. <br />7. Prellervation, MainteDllDce amI Protection of the Property; Inspections. Borrower shall not destroy, damage or <br />impair the Property, allow tile Property to deteriorate or c01ll1nit Wllste On the Property. Whethcr or nol Borrower is residing in <br />the Propetly, Borrower shall maintain the Prnperty in Older to prevent the Pwpcrty fnnrl detcriorating or docrOllsing in value <br />due to its condition. Unless it is determined pursnanl 10 Section 5 that repair or restoration is not economically feasiblc, <br />Borrower shall promptly repair the Property if damaged to avoid further deterioration or dRluage. If insurRlrce or condcmnation <br />proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible furrepairing or <br />restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse pl'Oceerls for the repairs <br />and restoratioll in a single payment or in a series of progress paymenL. as the work is completed. If the insurance or <br />condemnatiun pmceeus arc not sufficient to repair or restore the Property, Borrower is not relieved of Borrower' s obligation <br />for the eompletion of s\lch repair or restoration. <br />Lender or ils agent IIlay make reasonable entries UPOll and inspections of the Property. If it has rcasonahle canSt;, Lender <br />umy inspect the interior of the improvements on the Prnpcrty. Lendcr shall give Borrower notice at the time of or prior to stich <br />an interior inspection specifying such reMonable cause. <br />8, 1I0rrower's Loan Application. Borruwer shall be in default if, during the LOllD application process, Borrower or <br />allY persons or entities acting at the direction of Borrower or with Borrower's knowledge. or consent gave materially false, <br />nusleading, or inaccurate information or statements to Lender (or faile.d to provide Lender with material information) in <br />connection with the LOM. Material represenlations include, but are not limited to, represenh\lions conccming Borrower's <br />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) Borrower <br />fails tt, perform the covellllllts "lId agreeUlents contained in this Security Ins!nlmenl, (b) thcre is a legal proceeding that Inight <br />significantly affcet Lender's interest in the Propetly and/or rights under this Secu,ity Instlument (such as a procee.ding in <br />bankruptcy, probatc, for condemnation or forfeilure, for enforcement of a lieu which may attain priority over this Security <br />InSU11lnent or to enforce laws or regulations), nr (c) Borrower has abandoncd Ihc Property, then Lender may do "lHl pay fur <br />whatever is reasonable or appropriate to protect Lender's interest in the Property and right. uader this Securily Instrument, <br />including protecting and/or assessing the value of the Property, IInd sccuriug aud/or repairing the Property. Lender's actions <br />can include, but are not limited to: (a) paying MY sums secured by a lien which has priority ow.( this Seculity lnstnllnellt; <br />(b) appearing ill court; and (c) pnying reasonable attorneys' fees tu protecl its inlerest ill Ihe Property and/or righls under this <br />Security Instrument, including its sceured position in a bankmptcy proceeding. Securing Ihe Property include., bllt. is not <br />Ihnited to, entering the Property to make repairs, change locks, replacc or bOMd up doors and windows, drain water fl'Om pipes, <br />eliminale building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may <br />take actiun under Uris Section 9, Lender uocs nol have to do so and is not under any duly or obligation to do so. It is agreed tlJat <br />Lcader incur,; no liabilily for noltaking MY or all actions authorized under this Sectioa 9. <br />luty amounls disbursed by Lender under t.bis Section 9 shall becOUlC additioua:l debt of Borrower secured by this Security <br />Instrument. These amounts shall bear interest at the Note rate from the date of disbursement aud shall be payable, with such <br />int.eresl, "pon notice [rom Lender to Borrower requesting payment. <br /> <br />NEBRASKA-Single Ftunity-Fnnnk MarlFrcddle Ma< UNll'ORM INS'tlWMENT <br /> <br />ITEM T269aLG (OOOB}-MERS <br /> <br />(Foge 6 of 12 pagOlI) <br /> <br />Form 3028 1101 <br />"~I':A Tl.ANo ~ <br />To Older CIll, 1.ooo.S'iH3l!:j Q fox 61a-7(11-1131 <br /> <br />~ <br />"v7 <br />