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20�101630 <br />provided that such inspection shall be undertaken promptly. Lender may disburse proceeds 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 interest to be paid on such insurance proceeds, Lender shall not be <br />required to pay Borrower any interest or eaznings on such proceeds. Fees for public adjusters, or other Urird parties, <br />retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borcower. <br />If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds <br />shall be applied m the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid <br />to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. <br />If Bonower abandons the Properry, Lender may file, negotiate and settle any available iusurance claim and <br />related matters. If Borrower does not respond witt�in 30 days to a notice from Lender Uiat the insurance carrier has <br />offered to settle a claim, then Lender may negotiate and settle the claim. The 30�1ay period will begin when the <br />notice is given. In either event, or if Lender acquires the Property under Section 22 or oYherwise, $orrower hereby <br />assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid <br />under the Note or this Security Instrument, and (b) any other of Borrower` s rights (other than the right to any refund <br />of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights <br />are applicable to the coverage of the Property. Lender may use tlte insurance proceeds either W 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 Securiry Instrument and shall continue to occupy the Property as Borrower' s <br />principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, wtrich <br />wnsent shall not be unreasonably withheld, or unless e�cteuuating circumstances ezist which aze beyond Borrower' s <br />control. <br />7. Preservation, Maintenance and Proteckou of the Property; Inspecfions. Bonower shall not destroy, <br />damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not <br />Borrower is residing in the Property, I3orrower shal] maintain the Property in otder to prevent the Property &om <br />deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 tLat rcpair or <br />restoration is not economically feasible, Borrower shall promp8y repair the Property if damaged to avoid further <br />deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking <br />of, the Property, Borrower shail be responsible for ropairing 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 work 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 />or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Properry. If it has reasonable cause, <br />Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the tune <br />of or prior to such an interior ipspection specifying such reasonable cause. <br />8. Borrower's Laan App&carion. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons or entities acting at the direction ofBorrower or witkt Bortower' s knowledge or consent gave <br />materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with <br />material informadon) in connec6on with the Loan. Material representaGons include, but aze 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 Uoder this Security Insh If (a) <br />Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />ptoceeding that might significantly affeetLander's interestin the Property and/or rights under this Security InstrumenY <br />(such as a proceeding in banlmtptcy, probate, for condemnafion or forfeihue, for enforcement of a lien which may <br />attain prioriry over Uris Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the <br />Property, then Lender may do and pay for wliatever is reasonable or appropriate to protect Lendet's interest in the <br />Properry and rights under this Security Instrument, including protecting and/or assessing the value of the Properry, <br />and securing and/or repairing the Properry. Lender' s actions can include, but aze not limited to: (a) paying any sunns <br />secured by a lien which has prioriry over tlils Securiry Iashvment; (b) appeazing in courh, and (c) paying reasonable <br />attomeys' fees to protect its interest in the Property and/or rights under ihis Security Instrument, including its secured <br />position in a bankruptcy proceeding. 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 from pipes, eliminate building or <br />other code violations or dangerous condi6ons, and have utilities turned on or off. Although Lendet may take action <br />under this Section 9, Lender dces not have to do so and is not under any duty or obligatipn to do so. It is agreed that <br />Lender incurs no liabiliry for not taldng any or all actions authorized under tfris Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this <br />Secwity Instrument. These atnounts shall bear interest at the Note rate from the date of disbursement and st�all be <br />payable, with such interest, upon noace from Lender W Bonower reguesting payment. <br />If this Securiry Instrument 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 terminate or cancel the ground lease. <br />Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower <br />acqetires fee title to the Property, •the leasehotd and the fee ritle shall not merge unless Lender agrees to the merger <br />in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower <br />shall pay the premiutns required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage <br />Insurance coverage requiredby Lender ceases to be available from the mortgage insurer that previously provided such <br />Horrowu ]nitials: ��L�� <br />NEBRASKA-Single Family—Fann <br />Form 3028 1/O1 <br />Mac UNIFORM INSTRUMFNT - MERS <br />Page 5 of 11 <br />DouNaglc � <br />www.docmagiccom <br />II I II I III II I II IIIII�II I I II I I II I II I� I I I I II I I II I I II I II II ( III <br />