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100710089 make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agrecmcnt is made in writing or Applicable Law rcquires interest to be paid on such insurance proceeds, Lender shall not be rcquircd to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the solc obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums securcd by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Propcrty, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to scttle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lendcr acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lcnder (a) Borrowcr's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uncarncd premiums paid by Borrower) under all insurance polieics covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds cither to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not dcstroy, damage or impair the Property, allow the Propcrty to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Propcrty, Borrower shall maintain the Property in ordcr to prevent the Property from detcriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not cconomically feasible, Borrower shall promptly rcpair thc Property if damaged to avoid further dctcrioration or damage. If insurance or condemnation procceds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposcs. Lcndcr may disburse proceeds for the repairs and rcstoration in a single payment or in a scrics of progress payments as the work is complcted. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrowcr is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable cntries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at thc time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gavc materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy ofthe Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument Nebraska Deed of Trust-Single Family-Fannie Mae/Freddie Mac Uniform Instrument 6 Form 3028 01/01 1400lNE 08/00 @2000, The Compliance Source, Inc. [Doc Id6646 RcY.OI.15.071 J0 7