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<br />pravided that such inspectipn shall be undertaken promptly. lender may disburse proceeds for the repairs and
<br />restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement
<br />is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall eat be
<br />required to pay Borrower any interest or earnings on such proceeds. Fees far public adjusters, or other third parties,
<br />retained by Borrower shall not be paid out of the insurance praceeds and shall be the sole obligation of Borrower.
<br />If the restoration or repair is not ccouornically feasible or Lender's security would be lessened, the insurance prpceeds
<br />shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid
<br />tp Borrower. Such insurance prnceeds shall be applied in the order provided f'ar in Section 2.
<br />if Borrower abandons the Property, Lender may tile, negotiate and settle any available insurance claim and
<br />related matters, if Barrpwer does not respond within 30 days to a native from Leader that the insurance carrier has
<br />offered to settle a claim, then Lender may negotiate and settle the claim- The 30-day period will begin when the
<br />notice is given. In either event, or if Lender acquires the Property under Section 22 ar otherwise, Borrower hereby
<br />assigns to Lender (a) Borrower's rights to any insurance prpceeds in an amount not to exceed khe amounts unpaid
<br />under the Nate or this Security lnstrument, and (b) any other of Borrower's rights (other than the right to arty refund
<br />pf unearned premiums paid by Barrpwer) under all insurance policies covering the Property, insofar as such rights
<br />are applicable to the coverage of the Property. Lender may use the insurance praceeds either to repair or restore the
<br />Property or to pay amounts unpaid under the Note or this Security lnstrument, whether or not then clue.
<br />6. ()ccuuancy Borrower shall occupy, establish, and use the Property as Borrower's principal residence
<br />within 60 days afier the execution of this Security lnstrument and shall contitme to occupy the Property as Borrower' s
<br />principal residence for at least one year afler the date of occupancy, unless Lender otherwise agrees in writing, which
<br />consent shall not be unreationably withheld, or unless extenuating circumstances exist which are beyond Horrower's
<br />CUIltr01.
<br />7. Preservation, Maintenance and Protection of the Property; Inspectipns. Borrower shall not destroy,
<br />damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not
<br />Borrower is residing in the Property, Borrower shall maintain the Prpperty in prder tp prevent the Property Isom
<br />deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or
<br />restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
<br />deterioration or damage. if insurance or condemnation praceeds arc paid in connection with damage ta, ar the taking
<br />af, the Prpperty, Borrower shall be responsible far repairing or restoring the Prpperty only if Lender has released.
<br />proceeds fpr such purposes. lender may disburse proceeds for the repairs and restoration in a siltgle payment or in
<br />a series of progress payments as the work is completed. If the insurance or condemnation praceeds are not sufficient
<br />to repair or restore the Property, Harrower is not relieved of Borrower's obligation for the completion of such repair
<br />or restoration.
<br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
<br />lender may inspect the interior of the improvements an the Property. lender shall give Borrower notice at the time
<br />of or prior to such an interior inspection specifying such reasonable cause.
<br />S. Borrower's Loan Application. Borrower shall be in default if, during the Loan. application process,
<br />13prrpwer pr any persons or entities acting at the direction of Borrower or with Borrower' s knowledge or consent gave
<br />materially false, misleading, or inaccurate information or statements to Lender (pr failed to provide Lender with
<br />material iniortnation) in connection with the Loan. Material representations include, but are not limited to,
<br />representations concerning Borrower's occupancy of the Property as Horrower's principal residence.
<br />9. Protection of Lender'a Interest in the Property and Rights Under this Security Lnstrument. If (a)
<br />Borrower fails to perfprrn the covenants and agreements enutained in this Security Instrument, (b) there is a legal
<br />proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security lnstrument
<br />(such as a proceeding in bankruptcy, probate, for condemnation ar fprfeihtre, t'ar enforcement of a lien which may
<br />attain priority Aver this Security Instrument or to enforce laws ar regulatipns), or (c) Barrpwer has abandoned the
<br />Property, then Lender may do and pay for whatever is reasonable or appropriate tp protect Lender's interest in the
<br />Prpperty and rights under this Security lnstrument, including protecting and/or assessing the value of the Prpperty,
<br />and securing and/or repairing the Property. Lender's actions can include, but are not limited ta: (a) paying any sums
<br />secured by a lien which has priority aver this Security lnstrument; (b) appearing in court; and (c) paying reasanablc
<br />attorneys' fees to protect its interest in the Property and/or rights under this Security lnstrument, including its secured
<br />position in a bankruptcy proceeding. Securing the Property includes, but is not limited ta, entering the Property to
<br />make repairs, change Ipcks, replace ar board up doors and windows, drain water from pipes, eliminate building pr
<br />other code violations or dangerpus conditions, and have utilities turned on or ofl: Althpugh lender may take action
<br />under this Section 9, Lender does not have to dp sa and is npt under any duty or obligatian to do sa. It is agreed that
<br />Lender incurs na liability for not taking any or all actions authorized ender this Section 9.
<br />Any amounts disbursed by Lender under this Section 9 shall became additional debt of Borrower secured by this
<br />Security lnstrument. Those amounts shall bear interest at the Note rate from the date of disbursement and shall be
<br />payable, with such interest, upon notice from Lender to Borrower requesting payment.
<br />if this Security Instrtunent is on a leasehold, Barrpwer shall comply with all the provisions of the lease.
<br />Bprrawer shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease,
<br />Horrower shall eat, without the express written consent of Lender, alter or amend the ground lease. if Horrower
<br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger
<br />in writing.
<br />10. iVlortgage Insurance. If Lender required Mortgage lnsurance as a condition of making the Loan, Borrower
<br />shall pay the premiums required to maintain the Mortgage lnsurance in effect. lf, for any reason, the Mortgage
<br />.lnsurance coverage required by Lender ceases to be available frpm the mortgage insurer that previously pravided such
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -MFRS
<br />Form 3028 1101 Pag®5 of 11
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<br />DpCMdLJiC ~~ 80D-649-1382
<br />www. dacmaglc. com
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