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20100337
<br />economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold
<br />such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
<br />satisfaction, provided that such inspection shall be undertaken promptly, Lendermay disburse proceeds for the repairs and restoration in a
<br />single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
<br />requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
<br />proceeds. Fees for public adjusters, ar other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be
<br />the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the
<br />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
<br />Borrower. Such insurance proceeds shall be applied in the order provided far in Section 2.
<br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If
<br />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
<br />negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property
<br />under Section 22 ar otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to
<br />exceed the amounts unpaid under the Nate or this Security instrument, and (b) any other of Borrower's rights (other than the right to any
<br />refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such tights are applicable to
<br />the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under
<br />the Note or this Security Instrument, whether or not then due.
<br />6, Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the
<br />execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence far at least one year after
<br />the date of occupancy, unless Lender otherwise agrees in writing, which consent shal I not be unreasonably withheld, or unless extenuating
<br />circumstances exist which are beyond Borrower's control,
<br />7. Preservation, Maintenance and Protection of the property; inspections. Borrower shall not destroy, damage or impair the
<br />Property, allow the Property to deteriorate or commit waste on the Property. W hether or not Harrower is residing in the Property, Borrower
<br />shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
<br />determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall prompNy repair the Property if
<br />damaged to avoid further deterioration ar damage. If insurance or condemnation proceeds are paid in connection with damage to, or the
<br />taking of, the Property, Borrower shall be responsible for repairing ar restoring the Property only if Lender has released proceeds for such
<br />purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work
<br />is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of
<br />Borrower's obligation for the completion of such repair or restoration.
<br />Lender or its agent may make reasonable entries upon and inspections of the Property, If it has reasonable cause, Lender may
<br />inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior
<br />inspection specifying such reasonable cause.
<br />II. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or
<br />entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate
<br />information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material
<br />representations include; but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
<br />residence.
<br />9. Protection of Lender's Interest in the Property and Rights Under this Security instrument. If (a) Borrower fails to perform
<br />the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's
<br />interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or
<br />forfeiture, for enforcement of a lien which may attain priority aver this Security Instrument or to enforce laws or regulations), or
<br />(c) Borrower has abandoned the Property, then Lender may do and pay far whatever is reasonable or appropriate to protect Lender's interest
<br />in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing
<br />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
<br />over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/ar
<br />rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not
<br />limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
<br />building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this
<br />Section 9, Lender does not have to do so and is not under any duty or obligation to do sa.1t is agreed that Lender incurs no liability for not
<br />taking any or all actions authorized under this Section 9.
<br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security
<br />Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon
<br />notice from Lender to Borrower requesting payment.
<br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee
<br />title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
<br />10. Mortgage insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the
<br />premiums required to maintain the Mortgage Tnsurance in effect. if, for any reason, the Mortgage Insurance coverage required by Lender
<br />ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately
<br />designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
<br />substantially equivalent to the Mortgage .Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the
<br />Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. if substantially equivalent Mortgage
<br />Insurance coverage is not available, Borrower shall continue to pay to Lender the amount ofthe separately designated payments that were
<br />due when the insurance coverage ceased to he in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve
<br />in lieu of Mortgage insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full,
<br />and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve
<br />payments if Mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender
<br />again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If
<br />Lender required Mortgage Insurance as a condition ofmaking the Loan and Borrowerwas required to make separately designated payments
<br />toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Tnsurance in effect, or to
<br />provide anon-refundable loss reserve, until Lender's requirement far Mortgage Insurance ends in accordance with any written agreement
<br />between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section I O
<br />affects Borrower's obligation to pay interest at the rate provided in the Note.
<br />NEBRASKA -Single Family-Fannla Mae/Freddle Mac UNIFORM INSTRUMENT with MFRS Form 5028 1/01
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