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200803641 provided that such inspection shall be Wldertaken 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 agreement is made in writing or A pplicable Law requires Interest to be paid on such insurance proceeds, Lender shall not be required 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 sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security wouid be lessened the insurance proceeds shall be applied to the sums secured 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 Property. Lender may file. negotiate and settle any available Insurance claim and related matters. If Borrower does not respond within :D days to a notice from Lender that the insurance carrier has offered to settle a claim then Lender may negotiate and settle the claim The 3).day period will begin when the notice is given. In either even~ or If Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amoWlts unpaid under the Note or this Security Instrumen~ and (b) any other of Borrower's rights (other than the right to any refund of Wlearned premiums paid by Borrower) under all insurance policies covering the Property. Insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amoWlts Wlpald under the Note or this Security Instrumen~ whether or not then due 6 Occupancy. Borrower shall occupy. establish, and use the Property as Borrower's principal residence within 00 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 destroy. damage or impair the Property. allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower Is residing In the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing In value due to its conditio" Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If Insurance or condemnation proceeds 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 purposes. 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 If the insurance or condemnation proceeds are not sufficlent to repair or restore the Property. Borrower is not relieved of Borrower's obligation for the completion of such repair or restoratio" Lender or its agent may make reasonable entries 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 the 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 gave materially false, misleading or inaccurate information or statements to Lender (or failed to provide Lender with material Information) in connection with the Loau Material representations Include. but are not limited to, representations concerning Borrower's occupancy of the 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 Instrumen~ (b) there Is a legal proceeding that might significantly affect Lender's Interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy. probate. for condemnation or forfeiture. for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations). or (c) Borrower has abandoned the Property. then Lender may do and pay for wbatever Is reasonable or appropriate to protect Lender' 5 interest in the Property and rights under this Security Instrument including protecting and/or assessing the value of the Property. and securing and/or repairing the Property. Lender's actions can include. but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrumen~ (b) appearing In co~ and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument including its secured position in a bankruptcy proceeding Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous comlltions, and have utilities turned on or off. A Ithough Lender may take action under this Section 9 Lender does not 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 actions authorized under this Section 9 A ny amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instnunent These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable. with such Interes~ upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold Borrower shall comply with all the provisions of the lease. Borrowershall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall no~ without the express written consent of Lender. alter or amend the ground lease If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing 10 Mortgage Insurance. If Lenderrequired Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If. for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such Borrower Inltial~ 1kJf -tDll- m___~___ __________ __________ NEBRASKA--Single Famlly--fannle MaeA'reddle Mac UNIFORM INSTRUIlfENT - flIERS Form 3028 1 i01 Page 5 of 11 DocMag/c ~ 800-649-1362 www.doan8gIc.com