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201108418 <br />assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid <br />under theNote or this Security Instrument, and (b) any other ofBorrower's rights (other than the right to any refund <br />of unearned prerniums paid by Borrower) under all 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 reskore the <br />Property or to pay amounts unpaid under the Note or this Securiry Inskrument, whether or noc then due. <br />b. ' Occupancy. Borrower shall oecupy, establish, and use the Property as Borrower's principal residenee <br />within 60 days after the execution of this Security Instrument 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 writing, which <br />consent shall nofbe unreasonably withheld, or unless extenuating circumstances eacist which are beyond Borrower's <br />control. <br />7. Preservation, l�aintenance 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 <br />Borrower is residing in the Property, 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 deterxnined pursuant to Section S that, repair or <br />restoration is not economically feasible,' Borrawer shall promptly repair the Property' if damaged to avoid :further <br />deterioradon or damage. If insurance or condemnation proceeds are paid in connecdon with damage to, or the taking <br />of; the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released <br />proceeds for suchpurposes. Lender may disburse proceeds for the repairs and restoration 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 sufficienf <br />torepair or xestore the Property, :Borrower is nof relieved of Borrower's obligation for the completion of such repair <br />or restoration: <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If ithas reasonable cause, <br />Lender may inspect the interior of the improvements on the Property. Lendex shall give Borrower notice at the time <br />of or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Laan Applicatipn. Borrowex shall be in default if, during;the Loan applicarion process, <br />Borrower or any persons or entities acting at the direction of Bonower or with Borrower's knowledge or consent gave <br />materially false, misleading, ox inaccurate information or statements ta Lender (or failed to provide Lender with <br />material informarion} in connection with the Loan. Material xepresentations include, but ar� not limited to, <br />representations concerning Borrower's occupancy of the Property as Borrower's principal residence. <br />9. Protectian 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) thexe is a legal <br />proceeding that might significantly affect Lender's interest in the Property and/or rights under tlus Security Instrument <br />{such as a proceeding in bankruptcy, probate, far condemnation or forfeiture, for enforcement of a lien which may <br />attain prioriry over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the <br />Property, tlien Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the <br />Pzoperty and rights under this Security Instnnment, including protecting and/or assessing the value of the Property, <br />and securing.and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums <br />secured by a lien which has prioriry over this Security Instrument; (b) :appearing in court; and (c) paying reasonable <br />attorneys' fees to protect its i�nterest in the Property and/or rights under this Securiry Instiument, including its secured <br />position in a bankruptcy proceeding. Securing the Property includes, but is npt Iimited to, enCering 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 dangeraus conditions, and have utilities turned on or off. Although Lender may take action <br />under this Section 9, Lender does not have to do so and is not under any dury or obligation to do so. It is agreed that <br />Lender incurs no liabiliry 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 Instnunent. These amounts shall bear interest at the Note rate from the date of disbursement and`sha11 be <br />payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shati comply with al1 the provisions of the lease. <br />Borrower shall not surrendex the leasehold estate and interests herein conveyed or terminate ar cancel the ground lease. <br />Borrower sha11 not, without the e�ress 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 prezniums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage <br />Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such <br />insurance and Borrower was required to make separately designated payments koward the premiums for Mortgage <br />Insurance, Borrower sha11 pay the premiums, required to obtain coverage substantially equivalent to the Mortgage <br />Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance <br />previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage <br />Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated' <br />payments that were due when the insurance coverage ceased to be in effect. Lender wi11 accept, use and retain these <br />payments as a non refundable loss reserve in lieu of Mortgage Tnsurance. Such Ioss reserve shall be non-refundable, ' <br />notwithstanding the fact that the Loan is ultimately paid in ful1, and Lender shall not be required to pay Borrower any <br />interest or earnings on such 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 pxemiums for <br />Mortgage Insurance. If Lender required Mortgage Insurance as a condikion 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 Pamily--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMaglc � <br />Form 3028 1/01 Page 5 of 1 1 www. docmagic, com <br />� � � <br />. Ne3028.dot.xml .- � . . . � .. . . . � . <br />