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200804917 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 agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or eamings on such proceeds. Fees for public adjusters, or other Hlird 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 would be lessened, the insurance proceeds shall be applied to the sums secured by tlris Security Instrument, whetller or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in tlle 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 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle ilie claim. The 30-day period will begin when the notice is given In eiilier event, 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 ilie amounts unpaid under the Note or tlris Security Instrument, and (b) any other of Borrower's rights (other tlmn the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of tlle Property. Lender nmy use tlle insurance proceeds eitller 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 witIrin 60 days after tlleexecution of this Security Instrunlent and shall continue to occupy tIle 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 wlrich 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. Wheilier or not Borrower is residing in the Property, Borrower shaH maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition Unless it is determined pursuant to Section 5 tl13t repair or restoration is not economically feasible, Borrower shall promptIy repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in COilllection with damage to, or the taking of, tile Property, Borrower shall be responsible for repairing or restoring tile Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for tile 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 sufficient to repair or restore tile Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections ofthe Property. Ifit 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 tile direction of Borrower or with Borrower's knowledge or consent gave materially false, nrisleading, or inaccurate information or statements to Lender (or failed to provide Lender with n13terial infornmtion) in connection with the Loan. 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 tIns Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under tins Security Instrument (such as a proceeding in bankruptcy, probate, for condellll13tion or forfeiture, for enforcement of a lien which n13y attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned ilie Property, then Lender may do and pay for whatever is reasOl13ble or appropriate to protect Lender's interest in the Property and rights under tlris Security Instrument, including protecting and/or assessing the value of tlle Property, and securing and/or repairing tlle 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 Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in ilie Property and/or rights under t11is Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not liunted 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 conditions, and I13ve utilities turned on or off. Although Lender may take action under tl1is 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 autllorized under tins Section 9. Any anlounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from tlle date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all ilie provisions of the lease. Borrower shall not surrender tile leasehold estate and interests herein conveyed or ternlinate or cancel tile ground lease. Borrower sl13ll not, without Hie express written consent of Lender, alter or anlend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to tile merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making tlle Loan, Borrower shall pay the prennums required to uwntain the Mortgage Insurance in effect. If, for any reason, ilie Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such NEBRASKAnSingle FamilYnFannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3028 1/01 Page 5 of 11 DocMagic ~ 800"649-1362 www.docmaglc.com A~K ..fJ. 1Y'. K