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RE-R�CQRDE�D 2 p 10 U"7 4 i 2
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<br />provided that such inspection sha 1 be undertaken promptly. L.ender may disburse proceeds for the repairs and
<br />restoration in a single payment or in a series of progress payments as the work is compl�ted. Unless an agreement
<br />is made in writing or Applicable Law requires interest to be paid on such insuranc� proc�eds, Lender shall not be
<br />required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
<br />retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.
<br />If the restoration or repair is not economically feasibl� or L.ender's security would be lessened, the insurance proceeds
<br />shall be applied to the sums secured by this Security Instrurneant, wk�ethe:r 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 Section 2.
<br />If Borrower abandons the Property, I.,ender 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 clairn, then Lender may negotiate and settle the claim. The 30-day period will begin when the
<br />natice is given. In either event, or if Lender acquires the Property under 5ection 22 or otherwise, Borrower hereby
<br />assigns to Lender (a) $orrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
<br />under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund
<br />of unearned premiums 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 />Prope�ty or to pay amounts unpaid under the Not� or this Security Tnstruament, whether or not then due.
<br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
<br />within 60 days after the execution of this Security Instrument 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 nat be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
<br />control.
<br />7. Preservation, Maintenance and Protection of the P�roperty; Inspections. Borrower shall not destroy,
<br />darnage or impair the Property, allow the Property to deteriorate or comtnit waste on the Property. Whether or not
<br />Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from
<br />deteriorating ar 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 candemnation proceeds are paid in connection wiCh damage to, or the takiang
<br />of, the Froperty, Borrower shall be responsible for repairing or restoring the Property only if Lender has released
<br />proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payrnent or in
<br />a series of progress payrnents as the wotk is cornpleteci. If the insurance or condemnation proceeds are not sufficient
<br />to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair
<br />or restoratian.
<br />Lender or its agent may make reasonable entries upon and inspections of the Property. lf it has reasonabla causa,
<br />Lender may inspect the interior of the improvements on the Property. L.ender sha11 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 ba in default if, during the Loan application process,
<br />$orrower or any persons or entities acting at the direction of Borrawer ar with Borrower's knowledge or consent gave
<br />materially false, rnisleading, or inaccurate informatian or statements to Lender (or failed to provide Lender with
<br />material information) in connection with the Loan. Material representations include, but ara not limited to,
<br />representations concerning Borrower's occupancy of the Property as Borrower's principal residence.
<br />9. Protection of Lender's lnterest in the Property and Rlghts Under this Security instrument. If (a)
<br />Barrower fails to perforna the covenants and agreements contained in this Security Instrument, (b) there is a legal
<br />proceeding that rnight significantly affect Lender's interest in the Property and/or rights under this Security Instrument
<br />(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may
<br />attain priority over this Securicy Instrument ar ta enforce laws or regulations), or (c) Borrower has abandoned the
<br />Property, then L.ender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in che
<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 over this Security instrument; (b) appearing in caurt; and (c) paying reasonable
<br />attorneys' fees to protect its interest in the Property and/or rights under this 5ecurity Instrurnent, including its secured
<br />position in a banknaptcy 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 from pipes, elirninate building or
<br />other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action.
<br />under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. lt is agreed that
<br />Lender incurs no liability for not taking any ar 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
<br />Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursernent and sk�all be
<br />payable, with such inter�st, upon notice frozn Lender to Borrower requesting payment.
<br />If this Security Instrument is on a leasehold, Borrower shall comply with a11 the provisions of the lease.
<br />Borrower shall not surrender the leasehold estate and interests herein conveyed or ternunate or cancel the ground lease.
<br />Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower
<br />acquires fee title to the Property, the leasehold and the fee title shall not merg� unless Lender agrees t'o the merger
<br />in writing.
<br />10. Mortgage Insurance. lf Lender required Mortgage Insurance as a condition of rnaking the Loan, Barrower
<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 fram the mortgage insurer that previously provided such
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFQRM INSTRUMENT - MERS
<br />Form 3028 1l01 Page 5 of 11
<br />DOCMd�%C�r o. � 800-6a9-f362
<br />www. docmagic. com
<br />C�tI� �
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<br />Ne3028.mzd.xml
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