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2010U�412
<br />provided that such inspection shall be undertaken pramptly. L.ender may disburse proceeds far the repairs and
<br />restoration in a single payrnent vr in a series of progress payments as the work is cotnpleted. Unless an agreement
<br />is made in writing or Applicable Law requires interest to ba paid on such insurance proceeds, Lender shall not be
<br />required to pay Borrawer any interest or earnings on such proceeds. Fees for public adjuscers, or other third parties,
<br />retained by $orrower shall not be paid out of the insurance proceeds and shall be the sole obligatinn of Borrower.
<br />If the restoration or repair is not economically feasible or L.ender's security would be lessened, the insutance proceeds
<br />shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid
<br />to Borrower. Such insurance proceeds shall be applied in the order provided for in Sectinn 2.
<br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
<br />related matters. If Borrower does not respond within 30 days to a notice from Lender 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 or otherwise, Borrower hereby
<br />assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
<br />under the Note or this Security lnstrument, and (b) any other of Borrower's rights (other than the right to any refund
<br />of unearned prerniurns paid by Borrower) 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 proceeds either to repair or restore the
<br />Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
<br />6. Occupancy. Botrower sha11 occupy, establish, and use the Property as Borrower's principal residence
<br />within 60 days after the execution of this Security Jnstrument and shall continue to occupy the Property as Borrower's
<br />principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which
<br />consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
<br />control.
<br />7. Pt'eservatian, Maintenance and Protection of the Property; Inspectians. Borrowet shall not destroy,
<br />damage or irnpair the Praperty, allow the Property to deteriorate or commit waste on the Property. Whether or not
<br />Borrower is residing in the Property, Barrower shall maintain the Property in arder to prevent the Property from
<br />deteriarating or decreasing in value due to its condition. Unless it is determined pursuant to 5ection 5 that xepair or
<br />restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
<br />deterioration or dannage. If insuxance or conde[nnation proceeds are paid in connection with damage ta, or the taking
<br />of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released
<br />proceeds far such purposes. Lender rnay disburse proceeds for the repairs and restoration in a single payrnent or in
<br />a series of progress payments as the work is coznpleted. If the insurance or condemnation proceeds are not suf�cient
<br />to repair or restore the Property, Borrower 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 interiot of the improvements on the Property. L.ender shall give Borrowe:r notice at the time
<br />of ar prior to such an interior inspection specifying such reasonable cause.
<br />S. Borrower's Loan Application. Borrower sha11 be in default if, during tha Loan application process,
<br />Borrower or 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 (or failed ta provide Lender with
<br />material information) in connectioan with the I.oan. Matexial representations include, but are not lirnited to,
<br />representations concerning Borrower's occupancy of the Property as Borrower's principal residence.
<br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
<br />Borrower fails to perfarm the covenants and agreements contained in this Security Instrurnent, (b) there is a legal
<br />proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument
<br />(such as a proceeding in bankruptcy, prabate, for condemnation or forfeiture, for enforcement of a lien which may
<br />attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
<br />Property, then Lender rnay do and pay for whatever is reasonable or appropriate to protect L.ender's interest in the
<br />Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property,
<br />and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums
<br />secured by a lien which has priority aver this Security Instrument; (b) appearing in court; and (c) paying reasonable
<br />attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured
<br />position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
<br />make repairs, change locks, replace or board up doors and windows, drain water frozn pipes, eliminate building or
<br />other code violations or dangerous conditions, and have utilities turned an ar off. Although Lender may take action
<br />under this Section 9, Lender does not have ta do so and is not under any duty or obligation to do so. It is agreed that
<br />Lender incurs no liability for not taking any or all actions authorized under this Section 9.
<br />Any arnounts disbursed by Lender under this Section 9 sha11 become additional debt of Borrower secured by this
<br />Security Instrument. These arnounts shall bear interest at the Note rate from the date of disbursement and shall be
<br />payable, with such interest, upon notice from I.,ender to Borrower requesting payment.
<br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
<br />Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease.
<br />Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Barrower
<br />acquires fee title to the Property, the leasehold and the fee title sha11 not merge unless Lender agrees to the merger
<br />in writing.
<br />10. Mortgage insurance. If Lender required Mortgage Insurance as a condition of making the L.oan, Borrower
<br />shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage
<br />Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMEN7 - MERS
<br />Form 3028 1lO1 Page 5 of 11
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<br />Ne3028.mzd.xml
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