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<br />200707594 <br /> <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of <br />loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, <br />whether or not the underlying insuranee was required 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 until 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 disburse 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 on <br />such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for <br />public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the <br />sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, <br />the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the <br />excess, if any, 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 3D-day period will begin when the notice is given. In either event, <br />or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to <br />any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and <br />(b) any other of Borrower's rights (other than the right to any refund of unearned 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 may use <br />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 60 <br />days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal <br />residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not <br />be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage <br />or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is <br />residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or <br />decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not <br />economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If <br />insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be <br />responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may <br />disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is <br />completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not <br />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 improvements on the Property. Lender shall give Borrower notice at the time of or prior to <br />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, Borrower or <br />any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, <br />misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material infonnation) in <br />connection with the Loan. Material representations include, but are not limited to, representations concerning 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 to perfonn 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/or rights under this Security Instrument (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security <br />Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for <br />whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, <br />including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions <br />can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; <br />(b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this <br /> <br />NEBRASKA-Single l'amily-J<'annie Mae/Freddie Mac UNIFORM INSTRUMENT <br /> <br />ITEM 2698L6 (0011}-MERS <br /> <br />(Page 6 of 12 pages) <br /> <br />J<'orm 3028 1/01 <br />GREATLAND. <br />To Order Call: '-800-530-93931 1 Fax: 616-791-1131 <br />