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<br />assigns to Lender (a) Bonower's rights to any inswance proceeds in an amount not to exceed the amounts unpaid
<br />under the Note or this Security Insixvment, and (b) any other of Borrower's rights (other than the right to any refund
<br />of unearned premiums paid by Borrower) under aU insurance policies covering the Property, insofar as such rights
<br />are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
<br />Property or to pay amounts unpaid under the Note or this Secwiry 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 Security Insuument 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 wriring, which
<br />consent shall not be unreasonably withheld, or unless extenuating circumstances exist which ere beyond Borrower's
<br />control.
<br />7. Preservation, Maintenance and ProtecHoa of tde Property; Inspections. Honower shall not desuoy,
<br />damage or impair the Properiy, allow the Property to deteriorate or commit waste on the Property. Whether or not
<br />Borrower is residing in the Properiy, Borrower shall maintain the Property in order to prevent the Property from
<br />deteriorating or decreasing in value due to its condition, Unless it is determined pwsuant to Section 5 that repair or
<br />restoration is not economically feasible, Borrower shall promptly 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 Properry, Borrower shall be responsible for repairing or restoring the Property only if Lender has released
<br />proceeds for such purposes. Lender may disburse proceeds for the repairs and restorarion 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 Properiy, Borrower is not relieved of Borrower' s obligarion for the completion of such repair
<br />or restoration.
<br />Lender or its agent may make reasonable endries upon and inspections of the Property. If it has reasonable cause,
<br />Lender may inspect the interior of the improvements on the Aroperty. Lender shall give Borrower notice at the time
<br />of or prior to such an interior inspecdon specifying such reasonable cause.
<br />8. Borrower's Loaa Applicadop. Borrower shall be in default if, during the Loan application process,
<br />Borrower or any persons or enrifies acting at the direction of Borrower or with Borrower' s knowledge or consent gave
<br />materially false, misleading, or inaccwate information or statementa to Lender (or failed to provide Lender with
<br />material information) in connection with the Loan. Material representarions include, but are not limited to,
<br />represeatations conceming Bonower's occupancy of the Property as Borrower's principal residence.
<br />9. ProtecHon of Lender's Iaterest in the Property and Righta Under this Security Instrumea� If (a)
<br />Borrower fails to perform the covenants and agreements contained in this Secwity Instrument, (b) there is a legal
<br />proceeding that might significantly affect Lender' s interest in the Properry and/or rights under this Security Instrument
<br />(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may
<br />attain priority over this Secwity Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
<br />Property, then Lender may do and pay for whatever is reasonable or appropriate w protect Lender's interest in the
<br />Property and rights under this Secwity Instrument, including protecting and/or assessing the value of the Property,
<br />and secwing and/or repairing the Property. Lender's actions can include, but aze not limited to: (a) paying any sums
<br />secwed by a lien which has priority over t6is Secwity Instrument; (b) appearing in court; and (c) paying reasonable
<br />attomeys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secwed
<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 conditions, and have utiliNes turned on or off. Although Lender may take action
<br />under this Section 9, Lender dces not have to do so and is not under any duty or obligation to do so. It is agreed that
<br />Lender incurs no liability for not 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
<br />Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be
<br />payable, with such interest, upon notice from Lender to Bonower requesting payment.
<br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
<br />Borrower shall not swrender 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 />acquires fee title to the Property, the leasehold and the fee title 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 premiums required to maintain the Mortgage Inswance in effect. If, for any reason, the Mortgage
<br />Inswance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such
<br />inswance and Borrower was required to make separately designated payments toward the premiums for Mortgage
<br />Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage
<br />Insurance previously in effect, at a cost substanrially equivalent to the cost to Borrower of the Mortgage Insurance
<br />previously in effect, from an alternate mortgage insurer selected by Lender. If substanrially equivalent Mortgage
<br />Insurance coverage is not available, Borrower shal] continue to pay to Lender the amount of the separatcly designated
<br />payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
<br />payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
<br />notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any
<br />interest or eaznings on auch loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance
<br />coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again
<br />becomes available, is obtained, and Lender requires separately designated payments toward the premiums for
<br />Mortgage Inswance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
<br />required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay
<br />NEBRASKA-Single Family—Fennie MaelFreddie Mac UNIFORM INSTRUMENT p�Bgr��
<br />Form 3028 1/01 Pege 5 ot 11 www.dxmagk.com
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