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20110406�
<br />,igns to Lender (a) Bonower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
<br />der the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund
<br />unearned premiums paid by Borrower) under all insurance policies covering the Properiy, insofar as such rights
<br />: applicable to the coverage of the Property. Lender may use the insurance procceds either to repair or restore the
<br />�perty or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
<br />6. Occupancy. Bonower sha11 occupy, establish, and use the Properly as Borrower's principal residence
<br />thin 60 days after the execution of this 5ecurity Instrument and sha11 continue to occupy the Properly as Borrower's
<br />ncipal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which
<br />nsent shall not be unreasonably withheld, or unless extenuating circumstances e�cist which are beyond Bonower's
<br />7. Preservation, Maintenance and Protection of the Property; Inspections. Bonower sha11 not destroy,
<br />unage or impair the Properiy, a11ow the Property to deteriorate or commit waste on the Properly. Whether or not
<br />orrower is residing in the Property, Bonower sha11 maintain the Properiy in order to prevent the Properiy from
<br />;teriorating or decreasing in value due to its condition. Unless it is detemrined pursuant to 5ection 5 that repair or
<br />storation is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
<br />;terioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking
<br />�, the Properly, Borrower shall be responsible for repairing or restoring the Properly only if Lender has released
<br />-oceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in
<br />series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
<br />� repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair
<br />� restoration.
<br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
<br />ender may inspect the interior of the improvements on the Property. Lender sha11 give Borrower notice at the time
<br />f or prior to such an interior inspection specifying such reasonable cause.
<br />8. Borrower's Loan Application. Borrower sha11 be in default if, during the Loan application process,
<br />orrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave
<br />�aterially false, misleading, or inaccurate inforniation or statements to Lender (or failed to provide Lender with
<br />�aterial information) in connection with the Loan. Material representations include, but are not limited to,
<br />presentations concerning Bonower's 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 />orrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
<br />roceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument
<br />;uch as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may
<br />tain priority over this 5ecurity Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
<br />roperty, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the
<br />roperiy and rights under this Security Instruxnent, including protecting and/or assessing the value of the Property,
<br />nd securing and/or repairuig the Property. Lender's actions can include, but aze not limited to: (a) paying any sums
<br />ycured by a lien which has priority over this S�urity Instrument; (b) appearing in court; and (c) paying reasonable
<br />ttorneys' fees to protect its interest in the Property and/or rights under this Security Instruxnent, including its secured
<br />osition in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Properiy to
<br />iake repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or
<br />ther code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action
<br />nder this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
<br />snder incurs no liability for not taking any or a11 actions authorized under this Se.ction 9.
<br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
<br />ecurity Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and sha11 be
<br />ayable, with such interest, upon notice from Lender to Borrower requesting payment.
<br />If this Security Instrument is on a leasehold, Bonower shall comply with all the provisions of the lease.
<br />�orrower sha11 not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease.
<br />�onower sha11 not, without the express written consent of Lender, alter or amend the ground lease. If Borrower
<br />cquires fee title to the Properly, the leasehold and the fee title sha11 not merge unless Lender agrees to the merger
<br />i writing.
<br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Bonower
<br />ha11 pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage
<br />nsurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such
<br />:isurance and Borrower was required to make separately designated payments toward the premiums for Mortgage
<br />nsurance, Borrower sha11 pay the premiums required to obtain coverage substantially equivalent to the Mortgage
<br />nsurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance
<br />�reviously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage
<br />nsurance coverage is not available, Borrower shall continue to pay to Lender the amount of the sepazately designated
<br />�ayments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
<br />�ayments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
<br />iotwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Bonower any
<br />nterest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance
<br />overage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again
<br />�ecomes available, is obtained, and Lender requires sepazately designated payments toward the premiums for
<br />�Iortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
<br />equired to make sepazately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DodV/ag/c�
<br />Form 3028 7/01 Page 5 of 11 www.docmagic.com
<br />Ne3028.dot.xml
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