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20100843� <br />are applicable to the coverage of the Property. L,�nder rnay 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 nat 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 aftex 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. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, <br />damage or irnpair the Property, allow the Praperty to deteriorate or com�nit 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 frorn <br />deteriorating or decreasing in value due to its condition. Unless it is deternuned pursuant to Section 5 that repair or <br />restoration is not �conomically feasible, Borrower shall prarnptly repair the Property if damaged to avoid further <br />deterioration or damage. If insurance or condemnatian proceeds are paid in connection with damage to, or the taking <br />of, the Property, 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 payment or in <br />a series of progress payments as the wark is completed. 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 />ar restaration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />L,ender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time <br />of or prior to such an interior inspection specifying such reasonable cause. <br />8. Bprrpwer's Loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons ox entities acting at the direction of Borrower or with Borrpwer's knowledge or consent gave <br />materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with <br />material infornlation) in connectipn with the 'Loan. Material representations include, but are not limited 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 perform the covenants and agreernents contained 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 Instrurnent <br />(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may <br />attain priarity over this Security Tnstrument or to enforce laws or regulations), ar (c) Borrower has abandoned the <br />Property, then Lender may do and pay for whatever is reasonable or appropriate to protect T_.ender's interest in the <br />Property and rights under this Security Instrument, including protecting and/or assessing the v�lue of the Property, <br />and securing and/or repairing the Property. I,ender'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 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 proceefling. Securing the Property includes, but is not limited ta, entering the Property ta <br />make repairs, change locks, replace or board up doors and windaws, drain water from pipes, eliminate 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 npt under any duty or obligation to do so. It is agreed that <br />T.�nder incurs no liability for not taking any or all actians 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 arnounts shall bear interest at the Note rate from the date of disbursernent and shall be <br />payable, with such interest, upan notice from I,ender ta Borrower requesting payment. <br />If this Security Tnstrurnent 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 ternunate or cancel the ground lease. <br />�orrower shall not, withaut 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 merge unless Lender agrees to the merger <br />in writing. <br />10. Mo�rtgage Insurance. If L.ender required Mortgage Insurance as a condition of making the Loan, 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 L,ender ceases to be available from the mortgage insurer that previously provided such <br />insurance and Borrower was required to make separately designated payrnents toward the premiums for Martgage <br />Insurance, Borrower shall pay the premiurns required to obtain coverage substantially equivalent to the Mortgage <br />Insurance previously in effect, at a cost substantially equivalent to the cost to Bonnwer of the Mortgage Insurance <br />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 arnount of the separately designated <br />payments that were due when the insurance coverage ceased to be in effect. L.ender will accept, use and retain these <br />payments as a non-refundable loss reservc in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, <br />notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any <br />interest or earnings on such loss reserve. Lender can no longer xequire loss reserve payments if Mortgage Insurance <br />coverage (in the amount and For the period that Lender requires) provided by an insurer selected by Lender again <br />becornes available, is obtained, and I.ender requires separately designated payments taward the premiums for <br />Mortgage Insurance. If L,�nder required Martgage Insurance as a condition oF rnaking the Loan and Borrower was <br />required ta make separately designatetl payments toward the premiums for Mortgage Insurance, Borrower shall pay <br />the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until <br />Lender's requirernent for Mortgage Insurance ends in accordance with any written agreennent between Borrawer and <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INS7RUMENT DOCMB�%C� 800-649-9362 <br />Form 3028 1/01 Page 5 of 91 www.dacmagic.com <br />Ne3Q28. dot. �unl <br />