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<br />provided that such inspection shall be undertaken promptly. Lender may disburse praceeds 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 intarest to be paid on such insurance proceeds, Lender shall not be
<br />required to pay Borrower any interest or earnings on such proceeds. Pees for public adjusters, or other third parties,
<br />retained by Borrower sha11 not be paid out of the insurance proceeds and shall be the sole obligation of Borrawer.
<br />If the restoration or repair is not economically feasible or Lender's security wauld be lessened, the insurance proceeds
<br />shall be applied to the sums secured by tlais Security Instrument, whether or not then due, with the excess, if any, paid
<br />to Boxrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
<br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
<br />related rnatters. If Borrower does not respand within 30 days to a notice from I..ender 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 />notice is given. ln either event, or if Lender acquires the Praperty 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 tha amounts utapaid
<br />under the Note ar this Security lnstrument, and (b) any other of Borrower's rights (other than the right to any refund
<br />of unearned premiums paid by Barrower) under all insurance policies covering the Property, insofar as such tights
<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. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
<br />within 60 days after the execution of this Security lnstrument and shall continue co occupy the Property as Borrower's
<br />principal residence for at least one year after the date of occupancy, unless Lender otherwis� agrees in writing, which
<br />consent shall not be unreasonably withheld, or unlass extenuating circumstances exist which are b�yond Borrower's
<br />control.
<br />7. Preservation, Maintenance and Pratection of the Piroperty; Inspections. Borrower shall not destroy,
<br />damage or impair the Property, a11ow the Property to deteriorate or cottunit waste on the Property. Whether or not
<br />Barrawer is residing in the Property, Borrower shall maintain the Property in order to prevent the Property frorn
<br />deteriarating or decreasing in value due to its condition. Unless it is detertnined pursuant to �ection 5 that repair ar
<br />restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
<br />deterioration or damage. If insurance or condemnaiion praceeds are paid in connection with damage to, or the taking
<br />of, the Property, Borrower shall be responsible for repairing or restoritag the Property only if Lender has released
<br />proceeds for such purposes. L.end�r may disburse proceeds for the repairs and restoratian in a single payment or in
<br />a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not suf�cient
<br />to repair or restore the Property, Borrower is not relieved of Borrower's obligatian 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 irnprovements on the Property. L,ender shall give Borrower notice at the time
<br />of or prior to such an interior inspection specifying such reasonable cause.
<br />$. Borrower's Loan Application. Borrawer shall be in default if, during the I.,oar� application process,
<br />Borrower or any persons or entities acting at the direction of �orrower or with Borrower's knowledge or consent gave
<br />materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with
<br />material information) in connection 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 agreements cantained 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 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 Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
<br />Property, then Lender nnay do and pay for whatever is reasonable or appropriate to protect Lender's interest in the
<br />Property and rights under this Security Instrument, including protecting and/or assessing the value of the Praperty,
<br />and securing and/ar 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 nver this Security Instrurnent; (b) appearing in court; and (c) paying reasonable
<br />attorneys' fees to protect its interest in the Praperty and/or rights under this Security Instrument, including its secured
<br />position in a bankruptcy proc�eding. 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 fram pipes, eliminate building or
<br />other cade violations or dangerous conditions, and have utilities turned on or off. Although I.,ender 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. It is agreed that
<br />Lender incurs no liability for not 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
<br />Security Instrurnent. These amounts shall bear interest at the Note rate from the date of disbursement and shall be
<br />payable, with such intexest, upon notice frorn Lender to Borrower requesting payment.
<br />If this Security Instrument is on a leasehold, Horrower 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 Che 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 merge unless Lender agrees to the merger
<br />in writing.
<br />10. Mortgage Insurance. If L,ender required Mortgage Tnsurance as a condition of rnaking the T,oan, Borrower
<br />shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage
<br />lnsuraz�ce coverage required by Lender ceases to be available from the mortgage insurer that previously provided such
<br />� ♦
<br />NEBRASKA--Single Family--Fannj,�Mae/Fred ' c UNIFORM INSTRUMENT - MERS DocMagic � aoo•sas-�ssz
<br />Form 3028 1/01 ( Page 5 of 11 www.docmagic.com
<br />Ne3028.mzd.zml
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