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2��1022�0 <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 ensure the work has been completed to Lender's <br />satisfaction, provided that such inspection shall be undertaken promptly. Lender 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 to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be <br />the sole obligation of Borrower. If 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 be applied in the arder provided for in Sec#ion 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If <br />Borrower does not respond within 30 days to a notice fron� Lender that the insurance carrier has offered 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 the Property <br />under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to <br />exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any <br />refund of unearned premiums paid by Borrower) under all insuranae 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 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 within 60 days aRer the <br />execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year aftex <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. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the <br />Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower <br />shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is <br />determined pursuant to Section 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 damage to, or the <br />taking of, the Properiy, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such <br />purposes. 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 are not sufficient to repair or restore the Property, Borrower is not relieved of <br />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 may <br />inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior <br />inspection specifying such reasonable cause, <br />8. Borrower's Loan' Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or <br />�ntities actin$ at th� direction of Borrower or with Borrower's knowicdg� or consent gave materially false, misleading, or inaccurate <br />information or statcments to Lender (or failed to provide Lendor with material inforrnation) in eonncctiofl with the Loan. Material <br />representations include, but are not limited to, representations aoncerning Borrower's occupancy of the Property as Borrower's principal <br />residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform <br />the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's <br />interest in the Property and/or rights under this Security Instrurnent (such as a proceeding in bankruptcy, probate, for condemnation or <br />forfeiture, for 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 may do and pay for whatever is reasonable or appropriate to protect Lender's interest <br />in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing <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) appearing 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 proceeding. Securing the Property includes, but is not <br />limited to, entering the Properiy to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate <br />building or other code violations or dangerous conditions, and 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. It is agreed that Lender incurs no liability for not <br />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 Security <br />Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shail be payable, with such interest, upon <br />notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee <br />title to the Property, the leasehold and the fee title sha(1 not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the <br />premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender <br />ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was reyuired to make separately <br />designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums reyuired to obtain coverage <br />substantially �quival�nt to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cnst to Borrower of the <br />Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mort$age <br />Insurance coverage is not available, Bonower shall continue to pay to Lender the amount of the separately designated payments that were <br />due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve <br />in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in fuli, <br />and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve <br />payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender <br />again becomes available, is obtained, and Lender requires separately designated payments toward the prerniums for Mortgage Insurance. If <br />Lender required Mortgage Insurance as a condition of making the Loan and Bonrower was required to make separately dasignated 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 Mortgage Insurance ends in accordance with any written agreement <br />between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 <br />affects Borrower's obligation to pay interest at the rate provided in the Note. <br />NEBRASKA -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3028 1/01 <br />Page 4 of 8 <br />i�s, ina Borrower(s) Initials � <br />