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<br />200709533 <br /> <br />obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security <br />would be lessened, the insurance proceeds shall be applied to the sums st'L'UTed by this Security <br />Instrument, whether or not then due, with the excess, ifany, paid to Borrower. Such insurance proceeds <br />shall be applied in the order provided for in Section 2. <br /> <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim <br />and related matters. If Borrower does not respond within 30 days to a notice from Lender that the <br />insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30- <br />day period will begin when the notice is given. In either event, or if Lender acquires tlle Property under <br />Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance <br />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 <br />by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to <br />the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the <br />Property or to pay ammmts Wlpaid under tlle Note or this Selwty hl'ltrument, whether or not then due. <br /> <br />6. Occupancy. Borrower shall OCl'UPy, 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 <br />as Borrower's principal residence for at least one year after the date of occupancy, unless Lender <br />otherwise agrecs in writing, which consent shall not be unreasonably withheld, or unlcss extenuating <br />circumstances exist which are beyond Borrower's control. <br /> <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not <br />destroy, damage or impair tlle Property, allow the Property to deteriorate or commit waste on the <br />Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in <br />order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is <br />determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall <br />promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or <br />condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower <br />shall be responsible for repairing or restoring the Property only if Lender has releastxl proceeds for <br />such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a <br />series of progress payments as the work is completed. If the insurance or condemnation proceeds are <br />not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for <br />the completion of such repair or restoration. <br /> <br />Lender or it'l agent may make reasonable entries upon and inspections of the Property. If it has <br />reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall <br />give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable <br />cause. <br /> <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 <br />or consent gave materially false, misleading, or inaccurate information or statements to Lender (or <br />failed to provide Lender with material information) in connection with the Loan. Material <br />representations include, but are not limited to, representations concerning Borrower's occupancy of the <br />Property as Borrower's principal residence. <br /> <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 <br />is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under <br />this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, <br />for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or <br />regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is <br />reasonable or appropriate to protect Lender's interest in the Property and rights under this Security <br /> <br />NlBRA$KA. S ins;icl Family . F._Ie M.elfrcddle M,,~ lJN1FORMIN$TRUMENT <br />11l2004.2006 Copyright Co,nph.""" Sl"toms. Ill", 2026.6863.2006,11.140 <br />Si"g1. Family Real Est.t.. S""urity Instrument DL2047 <br /> <br />Pog.6 ofl4 <br /> <br />10nn30:181/01 <br />www.compliancc:systans.com <br />gOO-96g-8522 - F"" 616-956-1868 <br />