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NIPJ028.dol.lI:ml 200903864 are applicable to the coverage of the Property. Lender may use the Insurance proceeds either 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 prlncipai residence for at least one year after the date of occupancy. unless Lender otherwise agrees In wrlUng, 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 condition. 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 deterioratlon 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 arc not sufficient to repair or restore the 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 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 specltying 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 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 falls 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 andlor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement oCa 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 whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting andlor assessing the value of the Property. and securing andlor 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 Instrument; (b) appearing In court: and (c) paying reasonable attorneys' fees to protect its Interest in the Property andlor 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 conditions, and have utlllties turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and Is not under any duty or obligaUon to do so. It Is agreed that Lender Incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts 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 the date of disbursement and shall be payable. with such interest, upon notlee from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not. 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. IfLenderrequlred 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 insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously In effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously In effect, from an alternate mortgage Insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non. refundable loss reserve In lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan Is ulUmately paid in full, and lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (In the amount and for the period that lender requires) provided by an Insurer selected by Lender again hecomes available. is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premlurns for Mortgage Insurance, Borrower shall pay the premiurns required to maintain Mortgage Insurance In effect. or to provide a non-refundable loss reserve. until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and NEBRASKA'-Single Family--Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 Page 5 of 11 DocMagic 8".~ '00-'<9-7382 www.docfM(1lt:.com (5J; ~