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long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement
<br />of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those
<br />proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an
<br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
<br />of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower
<br />a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien
<br />or take one or more of the actions set forth above in this Section 4.
<br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
<br />insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including,
<br />but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in
<br />the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to
<br />the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall
<br />be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
<br />unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for
<br />flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination
<br />and certification services and subsequent charges each time remappings or similar changes occur which reasonably
<br />might affect such determination or certification. Borrower shall also be responsible for the payment of any fees
<br />imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
<br />determination resulting from an objection by Borrower.
<br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
<br />Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of
<br />coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity
<br />in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser
<br />coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained
<br />might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender
<br />under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts
<br />shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice
<br />from Lender to Borrower requesting payment.
<br />All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
<br />disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and /or as an
<br />additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
<br />Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
<br />form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
<br />policy shall include a standard mortgage clause and shall name Lender as mortgagee and /or as an additional loss
<br />payee.
<br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
<br />proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
<br />insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
<br />or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
<br />During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until 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 in a single payment or in a series of progress payments as the work is completed. Unless an agreement is
<br />made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required
<br />to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained
<br />by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the
<br />restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall
<br />be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
<br />Borrower. 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 claim and related
<br />matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to
<br />settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given.
<br />In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
<br />(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
<br />Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums
<br />paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
<br />coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay
<br />amounts unpaid 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 residence within
<br />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 determines that this requirement
<br />shall cause undue hardship for the Borrower or unless extenuating circumstances exist which are beyond Borrower's
<br />control.
<br />7. Preservation, Maintenance 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. Borrower shall
<br />maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition.
<br />Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
<br />promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation
<br />proceeds are paid in connection with damage to the Property, Borrower shall be responsible for repairing or restoring
<br />the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and
<br />restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or
<br />condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's
<br />obligation for the completion of such repair or restoration.
<br />If condemnation proceeds are paid in connection with the taking of the Property, Lender shall apply such proceeds
<br />to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts, and
<br />NEBRASKA FHA DEED OF TRUST -MERS Published September 2014
<br />16256.CV (9/15) 1501704
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