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20I102�44 <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 Properiy 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 Bonower) 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 Instniment, 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 shall 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 Property 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 Property if damaged to avoid further deterioration or datnage. <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 Properly, 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 Properiy. Lender shall give Borrower notice at the time 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 contained in this Security Instrument, (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, for condemnation or forfeiture, for enforcement of a lien which may attain priority <br />over this Security Instrument 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 Instrurnent, including protecting and/or assessing the value of the Properiy, 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 attorneys' 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 Properiy includes, but is not limited to, entering the Property to make repairs, change locks, replace or boaxd <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 a11 actions <br />authorized under this Section 9. <br />HCFG-00359 <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP� <br />Wolters Kluwer Financial Services 201104084.0.0.0.4002-J20100902Y <br />Form 3028 1/O7 <br />Page 6 of 13 <br />'16 <br />�� <br />j .� <br />�� <br />/ <br />