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<br />200901626 <br /> <br />work has been l:ompleted to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender may disburse prol:eeds for the repairs and restoration in a single payment or in a series <br />of progress payments as the work is wmpleted. Unless an agreement is made in writing or Applkable Law <br />requires interest to be paid on sUl:h insurance proceeds, Lender shall not be required to pay Borrower any <br />interest or earnings on sUl:h proceeds. Fees for publil: adjusters, or other tllird parties, retained by <br />Borrower shall not be paid out of the insurance prol:eeds and shall be the sole obligation of Borrower. If <br />the restoration or repair is not economically feasible or Lender's security would be lessened, the insuranl:e <br />proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />the eXl:ess, if any, paid to Borrower. Such insuranl:e prol:eeds shall be applied in tlle order provided for in <br />Section 2. <br />If Borrower abandom; tlle Property, Lender may tile, negotiate and settle any available insurance <br />claim and related matters. If Borrower does not respond witllin 30 days to a notice from Lender that the <br />insurance l:arrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3D-day <br />period will begin when tlle notil:e is given. In either event, or if Lender acquires the Property under <br />Section 22 or otllerwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance <br />proceeds in an amount not to eXl:eed the amounts unpaid under the Note or tllis Sel:urity Instrument, and <br />(b) any other of Borrower's rights (otller than tlle right to any refund of unearned premiums paid by <br />Borrower) under all insurance policies covering tlle Property, insofar as such rights are applil:able to the <br />coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or <br />to pay amounts unpaid under the Note or tllis Sewrity Instrument, whether or not tllen due. <br />6. Occupancy. Borrower shall Ol:WPY, establish, and use the Property as Borrower's principal <br />residence witllin 60 days after the exewtion of this Security Instrument and shall wntinue to occupy tlle <br />Property as Borrower's prindpal residenl:e for at least one year after the date of ocwpanl:Y, unless Lender <br />otherwise agrees in writing, whil:h wnsent shall not be unreasonably withheld, or unless extenuating <br />l:ircumstances exist which are beyond Borrower's wntrol. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not <br />destroy, damage or impair the Property, allow tlle Property to deteriorate or commit waste on tlle <br />Property. Whether or not Borrower is residing in tlle Property, Borrower shall maintain the Property in <br />order to prevent the Property from deteriorating or deneasing in value due to its condition. Unless it is <br />determined pursuant to Section 5 that repair or restoration is not ewnomically feasible, Borrower shall <br />promptly repair the Property if damaged to avoid furtller deterioration or damage. If insurance or <br />condemnation prol:eeds are paid in Willlel:tion with damage to, or the taking of, the Property, Borrower <br />shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such <br />purposes. Lender may disburse prol:eeds for the repairs and restoration in a single payment or in a series of <br />progress payments as the work is completed. If the insuranl:e or condenmation proceeds are not suftident <br />to repair or restore the Property, Borrower is not relieved of Borrower's obligation for tlle completion of <br />such repair or restoration. <br />Lender or its 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 give <br />Borrower notice at the time of or prior to sUl:h an interior inspection specifying such reasonable l:ause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application <br />process, Borrower or any persons or entities acting at the diredion of Borrower or with Borrower's <br />knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender <br />(or failed to provide Lender with material information) in wnnedion with the Loan. Material <br />representations indude, but are not limited to, representations concerning Borrower's ol:cupancy of the <br />Property as Borrower's principal residenl:e. <br /> <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~:, III <br />. -6(NE) (0811) Page 7 of 15 I"itials: '.~t---. Form 3028 1/01 <br />@ <br />