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20110098�
<br />' If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters.
<br />, If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a
<br />-� claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either
<br />event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's
<br />rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,
<br />and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under
<br />all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
<br />may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
<br />Security Instrument, whether or not then due.
<br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days
<br />after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence
<br />for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
<br />unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
<br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower sha11 not destroy,
<br />damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower
<br />is residing in the Properiy, Borrower shall maintain the Property in order to prevent the Properly from deteriorating or
<br />decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not
<br />economically feasible, Borrower shall promptly repair the Properly if damaged to avoid further deterioration or damage.
<br />If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
<br />shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender
<br />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 are not sufficient to repair or restore the Property, Borrower is
<br />not relieved of Borrower's obligation for the completion of such repair or restoration.
<br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender
<br />may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the tirne of or prior
<br />to such an interior inspection specifying such reasonable cause.
<br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or
<br />any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,
<br />misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in
<br />connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's
<br />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 Instiument, (b) there is a legal proceeding
<br />that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a
<br />proceeding in bankruptcy, probate, far condemnation or forfeiture, for enforcement of a lien which may attain priority
<br />over this Security Inshument or to enforce laws or regulations), or (c} Borrower has abandoned the Property, then Lender
<br />may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under
<br />this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
<br />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) appearing in court; and (c) paying reasonable attomeys' fees to protect its interest in
<br />the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding.
<br />Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board
<br />up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and
<br />have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and
<br />is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions
<br />authorized under this Section 9.
<br />HCFG-00359
<br />NEBRASKA-Single Famiiy-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />VMP�
<br />Wolters Kluwer Financial Services 201101274.0.0.0.4002-J20100902Y
<br />/_ � (/L�
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<br />Form 3028 1/01
<br />Page 6 of 12
<br />'3166011216'
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