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2 0110 3 0 3� 1111058045 <br />proceeds sha11 be applied to the sums secured by this Security Inshlunent, whether or not then due, with the excess, if any, paid <br />to Borrower. Such insurance praceeds shall be applied in the order provided for in Section 2. <br />If �orrower abandons the Properiy, Lender may file, negotiate and settle any available insurance claim and related <br />matters. If Borrower does not respond within 30 days to a natice from Lender that_the itnsurance carrier has offered to settle a <br />claun, then Lender may negotiate and settle the claun. The 30-day period will begin when the notice is given. In either event, <br />or if Lender acquires the Property under Section 22 or otherwise, Borrawer hezeby assigns to Lender (a) Borrower's rights to <br />any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or tl�is Security Instrument, and (b) any <br />other of Borrower's rights (other than the right to any refund of uneamed premiums paid by Borrower) under aIl insurance <br />policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the <br />insurance proceeds either to repair or restore the Properly or to pay amounts unpaid under the Note or this Security Instrument, <br />whether or not then due. . <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 <br />days after the execution of this Sectuity Instrument and sha11 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 c�rcumstances exist. which arre beyond Borrdwer's control. <br />7. Preservation, Maintenance and Protection of the Property; InspecHons. Borrower shall not destroy, damage or <br />impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in <br />the Property, Borrower shaIl maintain the Property in order to prevent the Property from deteriorating or decreasing in value <br />due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, <br />Borrower shall promptly repair the Property if damaged to avoid further deteriorahon or damage. If insurance oz condemnation <br />proceeds are paid in connection with damage to, or the talcing of, the Property, Borrower shall be responsible for repairing or <br />restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs <br />and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or <br />condemnation proceeds aze not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for <br />the complefiion o:f such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />Lender may inspect the ivaterior of the improvements on the Properly. Lender shall give Borrower notice at the time of or prior <br />to sucla an interior inspection specifying such reasonable cause. <br />$. 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 witIz Borrower's knowledge or cansent gave materially false, <br />misleading, or inaccurate information or statements to Lender (or faiTed to provide Lender with material information) in <br />connection with the Loan. Material representatians include, but are not limited to, representations concerning Borrower's <br />occupancy of the Property as Borrower's principal residence. <br />a 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrumen� If (a) Bonower <br />fails to perform the covenants and a.greements contained in this Security Inst�rament, (b) there is a legal proceeding that might <br />significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security <br />Instrument or to enforce laws or regulations}, or (c) Borrawer has abandoned the Property, then Lender may do and pay for <br />whatever is reasonable or appropriate to protect Lender's interest in the 1'roperty and rights under this Security Insirument, <br />including protecting and/or assessing the value of the Properiy, and securing and/or repairing the Property. Lender's actions can <br />include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Inslrument; (b) <br />appearing in court; and (c) paying reasonable attomeys' fees to protect its interest in the Property andlor rights under this <br />Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not <br />limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, <br />eliminate building or other code violations or dangerous coaditions, and have utilities turned on or off. Although Lender may <br />take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. Tt is agreed that <br />Lender incurs no liability for not taking any or aIl actions authorized under tlus Section 9. <br />Any amounts disbursed by Lender under this Secrion 9 shall become additional debt of Bonower secured by t1�is <br />Security Instrumen� These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with <br />such interest, upon notice from Lender to Bonower requesting paymen� <br />NEBRA.SKA—Single FamiIy—Fannie Mae/Freddie Mac IJNIFORM TNSTRUMENT <br />ModSfed for VA <br />� 338.2 Page 6 of 12 �orm 30281/Ol <br />