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201109877
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12/30/2011 8:49:51 AM
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12/30/2011 8:49:50 AM
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DEEDS
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201109877
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�0�1Q��7� <br />1111060944 <br />Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress <br />payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires <br />interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or <br />earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be <br />paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is <br />not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to <br />the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Bonower. Such insurance proceeds shall be applied in the order provided for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance <br />claim and related matters. If Bonower does not respond within 30 days to a notice from Lender that the <br />insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day <br />period will begin when the notice is given. In either event, or if Lender acquires the Property under Section <br />22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an <br />amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of <br />Bonower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all <br />insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. <br />Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid <br />under the Note or this Security Instrument, whether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal <br />residence within 60 days after the execution of this Security Instrument and shall continue to occupy the <br />Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender <br />otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating <br />circumstances exist which are beyond Bonower's control. <br />7. Preservation, Maintenance and Protection of'the Property; Inspections. Borrower shall not <br />destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. <br />Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent <br />the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to <br />Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property <br />if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in <br />connection with damage to, or the taking 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 <br />for the repairs and restoration in a single payment or in a series of progress payments as the work is <br />completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, <br />Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has <br />reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give <br />Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application <br />process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's <br />knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender <br />(or failed to provide Lender with material information) in connection with the Loan. Material representations <br />include, but are not limited to, representations concerning Borrower's occupancy of the Property as <br />Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. <br />If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there <br />is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this <br />Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />A� 338.5 Page 7 of 14 Form 3028 1/O1 <br />
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