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20110910� <br />L_���� 1L__..�� <br />additional toss pay�. Lender shall have the right to hold the policies and renewal c�rtificates. If J..ender requires <br />Borrower shall pro�rnptly give to Lznder all receipts of paid premiums and renewal noticas. If Boaawer obtains �y <br />form of in5uranc� coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such <br />policy shail include a standard mortgage clause and shall aame Lender as mortgagee andlor as an additional loss <br />payee. <br />In the event of loss, Borrower shall give pro�apt notir,e to the insurance carrier and Lender. Lender may mak� <br />proof of loss if not made promptly by Borrower. Unless I,endez� and Borrower otberwise agxee in writing, any <br />inswrance praceeds, whether or not the underlying ins�urance was required by Lender, shali be applied. to restoraxion <br />or repair of the Properry, if the restoration oz zepair is ec:onctmically feasible and Lender's secarity is not lessened. <br />I7uring such zepair aad restoration peziod, Lemder shatl have the right to hold such ir,�,�,�nce proceeds imtil Lender <br />has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, <br />provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and <br />restoration 9n a single payment or in a series of progress payments as the work is completed. Unless an agreement <br />is made in wziting or Appticable La.w requires interest to be paid on such insurance proceeds, Lender shall not be <br />required to pay Borrower any interest ox earnings on such proceeds. Fees foz public adjusters, or other third parties, <br />retained by Borrower shall not be paid out of the insur�cp proceecls and shall be the sole obligation of Borrower. <br />If the z�storation or repair is not economically feasible or T.ender's s�urity would be lessened, the inswrance proceeds <br />shall be applied to the snms secured by this Sccarity Instrument, whether or not then due, with the excess, if any, paid <br />to Borrowez. Such insurance proceeds shall be applied in the order provided foz in Sectivu 2. <br />Tf Borrower abandons the Properry, Lendez may 51e, negoriate and settie any available insuzance claim and <br />reIated matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has <br />offered to settle a claim, then T.ender. may negotiate and setrle the claim. The 30-day period wilI begin when the <br />notice is given. 7n either event, or if Lender acquires the Property under Section 22 or otherwi.se, Boxxower hereby <br />assigns to Lender (a) Borrower's rights to any insurance procceds in au amount not ta exceed the amounts unpaid <br />under tlie Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund <br />of nneazned premiwns paid by Borrower) wader all insurance policies covering the Properry, insofar as seich rights <br />aze applicable to the coverage of the PropeYty. Leader may use the insurance proceeds either to repair or restore the <br />Pxoperty oz to pay amaunts impaid under the Note or this Security Insuument, whether or not then due. <br />6. Occupanep. Borrower shall occupy, establish, and use ttze Properry as Borrower's principal residence <br />urithin 60 days after fhe execution of this Security Ia �*+�+ t and shall continue to occupy the Properly as Borrower's <br />principal residence for at least one year after the date af occupancy, unless T.ender otherwise agrees in writirag, which <br />consent shall not be unreasonably withheld, or nnless extenuating circwnstanc�s exist which are beyond Borrowez's <br />control. � <br />7. Preservation, Maintenance and Prote�dion of the P�ogex Inspect3ons. Borrower shalt not desffoy, <br />damage or impair the Properry, allow the Property to deteriorate or commit waste on the Pzopezty. Whether ar not <br />Bonrower is residing in the Properry, Borrower shall maintain the Properiy in order to prevent the Property from <br />deterioraring or decreasing in value due to its condirion. Unless it is detemoined pursuant ta Section 5 thafi repair or <br />restoraxion is not economically feasible, Borrower shall prom��.y zepaiz fixe �'roperiy i.f damaged to avoid further <br />deterioration or damage. If insurance or condemnation proce�ds are paid in connection with damage to, or the taking <br />of, the Property, Borrower shall be responsible for repairing or restoz�ing the Property onlq if Lender has released <br />proceeds for such purposes. Lendez may disbwrse proceeds foz the repairs aud zestoration in a si�mgl.e pay�oaent or in <br />a series of progress payments as the work is compl�ted. If the insurance or condeinnation proceeds are not sufficient <br />to zepair or restore the Fzoperty, Bozxower is not reIieved of Bonrowex's obligation fox the complaion of such repair <br />oz zestoration. <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 interior of the imgrovements on the Properiy. Lender shall give Borrower norice at the time <br />of or prior to such an interior inspection sp�ifying such reasonable cause. <br />S. Borrower's Loan Application. Borrower sha.il be in default if, during the I.oau application process, <br />Borrower or any persons or entities acting at the direction of Bonower or with Borrower's knowledge or consent ga.ve <br />materially false, �aai.s�eading, oz i.naccurate information or statements to Lender (or faited to pzovide Lender with <br />materiat information) in connection with the Laan. Material representations include, but are not Iimit�. to, <br />represeatatioas concerning Borrower's occupaucy of the Property as Borrower's principal residence. <br />9. Prote�tion of Lender's Iaterest in the Pcoperty and Righis Under tvis Sa.vrity Insixua�fant. Tf (a) <br />Bozxower fails to perform the covenants and agr�ments contained in this Security Inst�nmawx, (b} tl�ere is a legal <br />Proce�ing that might significantly affect Lender's i�erest inthe Properly and/or rights under this Secuirity Ins�ument <br />(such as a proceeding in banlm�.ptcy, probate, for comdemnatian or forfeiture, for enforcenae.at af a lien whir,h may <br />attaia prioriry over t3xis Security Insaumerat or to enforce laws or regulations}, or (c) Borrower has abandoned. the <br />Properry, then Lender may do and pay foz whateeer is reasonable or appzopriate to prote�t Lender's imerest in the <br />Properry and rights uuder this Security Instrument, including pzote,cting and/or assessing the value of the Praperty. <br />and securing and/or repairing the Propezty. T.Qnder's actions can include, but are aot limited to: (a) paying azzy swns <br />se�ured by a lien which has griority over this S�urity Insmimenx; (b) appeazing in court; and (c) paying reasonable <br />attorneys' fees to prot�t its inferest in the Property and/or rights uncles this Secuzity Inst�iument, including its secured <br />position in a bankruptcy precseding. Secuzing the Property includes, but is not limited to, ernering the Property to <br />malce repairs, r,hange locks, replace or board up doors and windows, 8rain water from pipes, elim3nate building or <br />other code violations or daugexous conditions, and ha.ve utilities turned on or off. Although Lender may take action <br />under this Section 9, Iznder does not have to do so and is not u�dez any duty or obligation to do so. It is agreed that <br />L.�nder incurs no liability for not taldng airy or all acrions authorized. under t�us Section 9. <br />kVEBRASKA—Single Family—Fannie Mae/Freddie Mac E1tV1FORM 1NSTRUM£NT - MERS DpcB <br />Form 3028 7/01 Page 5 of 71 www+,docmagic.com <br />�� ' <br />