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20i�os3ai <br />provided thac such inspaction shall be undertaken promptly. Lender may disburse proceeds for the repairs and <br />rastoration in a single p�yment or in a series oF progress payments as the work is completed. Unless an agrcement <br />is made in writing ur Applicable Law requires intarest to ba paid on such insurance pruceeds, 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 6y 13orrowar shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. <br />Cf the restoration or repair is nat economically feasible or Lender' s security would be lassened, the insurance proceeds <br />ahall be applied to the sums secured by this Security Instrument, whether or no[ [hen due, with the excess, if any, paid <br />to Borrower. Such insurance proceeds shall he applied in the ordcr provided for in Section 2. <br />If Borrower abandons the Properry, Lender may file, negotiate and settle any available insurance claim and <br />related matters, Tf 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 3U-day period will begin when the <br />notica is given, ln either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby <br />assigns to Lender (a) 8orrower's rights tp any insurance proceeds in an amount not to exceed the amounts unpaid <br />undcr thc Note or this Security Instrument, and (b) any other o1' Borrower's rights (other than the ri$ht to any refund <br />oF uncarned premiums paid by Borrower) under all insurance policies covcring tha Property, insofar as such rights <br />are applicable to the coveraga of the Property. Lender may use the insurance proceeds eithar to rapair or restore the <br />Property or W pay amounts unpaid under the Note or this Security Instrument, whether or not then due. <br />b. Accupency. Borrower shall occupy, establish, and use the Nroperty as F3orrower's principal residenee <br />within 60 days aftar the execution of this Security Instrument and shall continue to occupy tha Proparty as Borrower's <br />principal residence for at least one year after the date af occupancy, unless Lender ptherwise agrees in writing, which <br />cunsent shall not be unreasonably withheld, or unless excenuating circumstances exis� which are beyond Sorrower' s <br />control. <br />7. Preservadon, Maintenance and Protection of the Property; ln�pectSuns. Borrower shall not destroy, <br />damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whethar or not <br />Borrower is residing in the Property, Borrower shall maintain the Nroperty in order tn prevent the Property from <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 1'roperty if damaged to avoid further <br />deteriorativn or damage. If insuranca or condemnation proceeds are paid in connection with damage to, or the taking <br />of, the 1'roperty, Borrower shall he responsible for repairing or restoring the Property anly if Lender has released <br />proceeds for such purposes. Lender may disbursa proceeds for the repairs and restoration in a single payment or in <br />a series of progress payments as the work is completed. If the insurance ar condemnation proceeds are not su�cient <br />ro repair or restore the Proparry, Borrower is not relieved of Sorrower' s obligation for the completion of such repair <br />or restorafion. <br />Lender or its agent may maka reasonable entries upon and inspections of the Property. 1Fit has reasonable cause, <br />Lendar may inspect the interior of the imprvvements on the Yrpperry. Lender shall give Borrower notica at the tima <br />of or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Applicacion, Borrawer shall be in default if, during the Loan application process, <br />Borrower or any parsons or entities acting at the direction of Borrower or with Sorrower'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 Borrowar's occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rlghts Under this Securlty lnstwument. Tf (a) <br />Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />proceeding that might signi�cantly affect L.ender's interest in the Property and/or rights under this Security lnstrument <br />(such as a procoading in bankruptcy, probata, 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 />Properry, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the <br />Properry and rights under this Security Instrument, including protecting and/or assessing thC 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 � lien which has prioriry over this Security Instrument; (b) appearing in court; and (c) paying reasonable <br />actorneys' fees to protect its interest in tha Property and/or rights under this Security Instrument, including its secured <br />positivn in a bankruptcy proceeding. Securing the Properry includes, but is not limited to, entering the Property to <br />make repairs, change locks, replace or board up doors and windows, drain watar from pipes, eliminate 6uilding or <br />other coda violations or dangerous canditions, and have utilities turned on or ofE Allhough Lender may take action <br />under this Section 9, Lender does not have to do so and is not under any duty or obligation ro do so. It is agrecd that <br />Lender incurs no lia6ility fqr not taking any or all actions authorized under this Section 9. <br />Any amaunts disbursed 6y Lender under this Section 9 shall become additiona] debt of Borrowcr secured by this <br />Security Instrument. These amounts shall hear interast at the Note ratc from tha date of disbursement and shall bc <br />payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasahold, Borrower shall comply with all the provisions of the leasa. <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 leasa. If Borrower <br />acquires Fee tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees to tha marger <br />in writing. <br />10. Mortgage Cnsarsne�. If Lender required Mortga�e lnsuranee as a condition qf making the Loan, Borrower <br />shall pay thc premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage <br />Insurance coverage required by Gender ceases to be availa6le fram the mortgage insurer that previously prvvided such <br />l3orrower Initials: � �,,, ��±�/_� <br />_ �. �,...__.--�- ---_. -- <br />NEBRASKA--Single mlly--Fannle MaelFreddle Mec UNIFORM INSTRUMFIVT - MRtS DocMaqlc�l�mrta�y aoo-e�s-f�ez <br />Form 3028 1/01 Paga 5 of 11 www.docmapic.com <br />