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20000523' <br />d , <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly efc�'to Borrower any <br />Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the <br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, <br />and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower <br />shall pay them in the manner provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as <br />Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, <br />legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are <br />pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to <br />Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a <br />lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within <br />10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth <br />above in this Section 4. <br />Lender may require Borrower to pay a one -time charge for a real estate tax verification and /or reporting service used <br />by Lender in connection with this Loan. <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, but not <br />limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts <br />(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding <br />sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower <br />subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may <br />require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, <br />certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and <br />subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or <br />certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management <br />Agency in connection with the review of any flood zone 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 in the <br />Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage <br />than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly <br />exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall <br />become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate <br />from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />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, Borrower <br />shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance <br />coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a <br />standard mortgage clause and shall name Lender as mortgagee and /or as an additional loss payee. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of <br />loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, <br />whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if <br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration <br />period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. 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 interest to be paid on <br />such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for <br />public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the <br />sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, <br />the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the <br />excess, if any, paid to 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 settle a <br />claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, <br />or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to <br />any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) <br />any other of Borrower'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. Lender may use <br />the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security <br />Instrument, whether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty <br />days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal <br />residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not <br />be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or <br />impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing <br />in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in <br />value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, <br />Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or <br />condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible <br />for repairing or 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 completed. If the <br />insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of <br />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 reasonable cause, <br />Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or <br />prior to such an interior inspection specifying such reasonable cause. <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 3/99 <br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 2/17/2000 (page 3 of 7pages) TA ,, <br />�9 <br />