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2010��3�� <br />economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold <br />such insurance proceeds until Lender has had an opportunity to inspect such Property to ensurc thc work has been completed to Lender's <br />satisfaction, provided chat such inspection shall be undertaken promptly, l,ender may disburse proceeds for the repairs and restoration in a <br />single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law <br />requires interest ta be paid an such insurance proceeds, Lender shall not be required to pay [3orrower any interest or earnings on such <br />proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out af the insurance proceeds and shal l be <br />the sole obligation of $arrower. Tf the restoration or repair is not economically feasible or Lender's security would be lessened, the <br />insurance proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. Such insurance proceeds shall bc applied itt the order provided for in Section 2. <br />ifBorrower abandans the Property, Lender may file, negotiate and settle any available insurance claim and related matters. if <br />Bnrrower does not respond within 30 days to a notice from Lender chat the insurance carrier has affered to settle a claim, then Lender may <br />negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires thc Property <br />under Section 22 or otherwise, Borrower hereby assigns to Lender (a) $orrower's rights to any insurance proceeds in an amount nnt to <br />exceed the amounts unpaid under the Note or this Security instrument, and (b) any other oFBorrower's rights (other than the right to any <br />refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to <br />the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under <br />the Note ar this Security Instrument, whether or not lhen due. <br />6. Occup�ncy. Borrower shall occupy, establish, and use. the Property as I3orr4wcr's principal residence within 60 days after the <br />execution of fhis Security Tnstrument and shall continue to occupy the Property as $orrower's principal residence for at least one year aftet <br />the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating <br />circumstances exist which are beyond Borrower's control. <br />7. Preseraation, Maintenanee and Protection of the Property; Inspections. Borrower shall not destroy, damage or impairthe <br />Property, allnw the Property to deteriorate or commit waste an the Property. Whether or not Borrower is residing in the Pr�perty, Borrower <br />shall maintain the Property in order to prevent the Property from'deteriorating or decteasing in value due to its condition. Unless it is <br />determined pursuant to 5ection 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if <br />damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with dama�e to, or the <br />taking of, the Froperty, Borrower shall be respottsible for repairing or restoring the Property only if Lender has released proceeds for such <br />�urposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work <br />is completed. If the insurance or condemnation proceeds arc not sufficient to repair or restore the Property, Borrower is not relieved of <br />Barrower's obligation for the completion of such repair or restaration. <br />Lettder or its agent may make reasonable entries upon and inspections of the Property. Tf it has reasonable cause, Lender may <br />inspect the interior of the improvements on the Property. Lender shall �ive Borrower notice at the time af or priar to such an interior <br />inspectian specifying such reasonable cause. <br />8. i3orrower's Loan Application. Borrower shall be in default if, durin� the iaoan applicatian process, Borrower or any persons or <br />entities acting at the direction of Borrower or with Borrower's knowledge or consent �ave materially false, misleading, or inaccurate <br />information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material <br />representations include, but are not limited lo, representations concernin� Borrower's occupancy af the Property as T3orrower's principal <br />residence. <br />9. Prntection of Lender's interest in the Property and Rights Under this �ecurity instrument. If (a) Borrower fails to perform <br />the covenants and agreements contained in khis Security instrument, (b) there is a legal proceeding that might significarttly affect Lender's <br />interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or <br />forfeiture, :far enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or <br />(c) Borrower has abandoned the Property, then Lender rnay do and pay for whalever is reasonable or appropriate to protect Gender's interest <br />in the Property and rights under this Security Tnstrument, includin� protectin� and/or assessing the value of the Property, and securins <br />and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority <br />over this Security Instrument; (b) appcaring in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or <br />rights under this Security Instrument, including its secured position in a bankruptcy proceedin�. Securing the Froperty includes, hut is not <br />lirnited to, enterin� the Property to make repairs, change locks, replacc or board up doors and windows, drain water from pipes, eliminate <br />buildin� or other code violations or dangerous conditions, an� have utilities turned on or off. Although Lender may take action under this <br />Section 9, Lender does not have to do so and is not under any duty or obligation to do so. Tt is agreed that Lender incurs no liability for not <br />takin� any or all actions authorized under this 5ection 9. <br />Any amounts disbursed by Lender under this Section 9 shal) become additional debt of Bortower secured by this Security <br />Instrument. These amounts shall bear interest at thc Note rate from the date of disbursement and shall be payable, with such interest, upon <br />notice from Lender to Bormwer requesting payment. <br />if this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. if Borr�wer acquires fee <br />title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage rnsurance. If Lender required Mort�a�e Insurance as a condition of making the Loan, Barrower shall pay the <br />premiums required to maintain the Mottgage Insurance in efFect. If, for any reason, the Mortgage insurance coverage required by Lender <br />ceases tn be a�vailable from the mortgage insurer that previously prnvided such insurance and Qorrower was required to make separately <br />designated payments toward the premiums for Mortgage insurance, Borrawer shall pay the premiums required to obtain coverage <br />substantially equivalent ta the Mortgagc Tnsurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the <br />Mart�a�;e insurance previously in effect, from an alternate mortgage insurer selected by Lertder. If substantially equivalent Mortgage <br />Insurance covera�e is not available, Bnrrower shall continue to pay to Lender the arnount of the separately designated payments that were <br />due whcn the insurance covera�e ceased to be in effect. I..enderwill accept, use and retain these payments as a non-refundable lass reserve <br />in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, <br />and Lender shall not be required to pay Borrower any interest ar earnin�s on such loss reserve. Lender can no longer require loss reserve <br />paymencs ifMortgage Insurance coverage (in the amount and for the period that Lender requires) pravided by an insurer selected by Lender <br />again becomes available, is nbtained, and Lender requires separately desi�nated payments toward the premiums for Mortgage Insurance. If <br />Lender required Mort�age insurance as a condition of making the Loan and Borrower was required to rnake separately desi�nated payments <br />toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage .insurance in effect, or to <br />provide a non-refundable loss reserve, until Lender's requirement for MoRgage Tnsurance ends in accordance with any written agreement <br />between Borrower and Lender providing fnr such terminatinn oruntil terminatinn is required by Applicable Law. Nothing in this 5ection l0 <br />affects .Borrower's obligation to pay interest at the rate pravided in the Note. <br />NEBRASKA -Single Family-Fannle Mae/Freddie Mac 11NIFORM INSTRUMENT with MERS Form 3028 1/07 <br />Page 4 of 8 <br />ios, inc. Borrower(s) Initials <br />