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200301786 <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 Iznder as morgagce and/or as an add itiunal loss payee. <br />In the event ufloss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br />ofloss ifnot made promptly by Borrower. Unless Under and Borrower otherwise agree in writing, any insurareceproceeds, <br />whether or nut the underlying Insurance was required by Lander, shall be applied to restoration or repair ofthe Property, if <br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration <br />period, Gander shall have the right to hold such insurance proceeds until Lender has had an oppommlty, to inspect such <br />Property m ensure the work has been completed to l znder's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender may disburse proceeds for the repairs and restoration in a singgle ppayment 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 <br />on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees <br />for public adjusters, or other third parties, retained by Borrower shall not be paid out ofthe insurance proceeds and shall he <br />the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be <br />lessened, the insurance proceeds shall be applied to the sums scented by this Security Instrument, whether or not then due, <br />with the excess, ifany, pad to Burrower. Such insurance roceeds 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 rom 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. Neither <br />event, or ifUnder aeluires the Property under Section 22 or otherwise, Borrower herebyassigns to Lender (a) Borrower's <br />rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Nate or this Security Instrument, <br />and (b) any other of Borrower's rights (other than the right to try refund ofuneamed premiums paid by Borrower) under all <br />insurance policies covering the Property, insofar as such rights are applicable to the coverage uffl e Property. Lender may <br />use 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 Propertyav Burrower's principal residence within <br />60 days alter 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 <br />of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless <br />extenuating circumstances exist which are beyond Borrower's control. <br />7. Preaervatiun, 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 <br />on the Property. Whether or not Burrower is residing in the Property, Borrower shall maintain the Property in order to <br />prevent 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, Burrower shall promptly repair the Property ifdamaged to <br />avoid further deterioration or damage. Ifinsurance or condemnation proceeds are paid In connection with damage to, or the <br />taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released <br />proceeds for such purposes. lender may disburse proceeds for the repairs and restoration in a single payment or in a series <br />of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or <br />restore the Property, Borrower is not relieved of Borrower's obligation for the completion ofsuch repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections ofthe 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 />8. Borrower's Loan Application. Borrower shall be in default if, during the Lean application process, <br />Borrower or any persons or entities acting at the direction of Burrower or with Borrower's knowledge or consent gave <br />materially false, misleading, or inaccurate Information or statements to Lender (or failed to provide Lender with material <br />information) in connection with the Loan. Material representations include, but are not limited to, representations concerning <br />Borrower's occuparlcy ofthe Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. if <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) fuere is a legal <br />proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such <br />as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement ofa lien which mayattain priority <br />over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender <br />may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this <br />Security Instrument, including protecting and /or assessing the value of the Property, and securing and /or repairing the <br />Property. Lender's actions can include, but are not limited to (a) paying any sums secured by a lien which has priority over <br />this Security Insa unnenq (b) appearing in court; and (c) paying reasonable attorneys fees to protect its interest in the <br />Property and /or rights under this Securi ty Instrument, including Its secured position in a bankruptcy proceeding. Securing <br />the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors <br />and windows, drain water from pipes, eliminate budding or other code violations or dangerous conditions, and have utilities <br />turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any <br />duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorimd under this <br />Section 9. <br />Any amounts disbursed by Under under this Section 9 shall become additional debt ufBorrower secured by this <br />Security Instrument. These amounts shall bear interest some Note rate morn the date ofiisbursementand shall be payable, <br />with such interest, upon notice from Iznder to Borrower requesting payment. <br />Ifthis Security Instrument is on a leasehold, Borrower shall comply with all the provisions ofthe lease. IfBorrower <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger morning. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mortgge Insurance in effect. If, for any reason, the Mortgage <br />Insurance coverage required by Gander ceases to be available from the mortgage insurer that previously provided such <br />insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously <br />in effect, at a cost substantially equivalent to the cost to Borrower ofthe Mortgage Insurance previously in effect, from an <br />alternate mortgage insurer selected by Lender. If substadially equivalent Mortgage Insurance coverage is not available, <br />Borrowershal continue topayto Lender the amount ofthe separately designated payments that were due when the insurance <br />coverage ceased to be in e Let. Lender will accept, use and retain dnese payments as a non - refundable loss reserve in lieu of <br />Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in <br />frill, and Lender shall not he required to pay Borrower any interest or earnings on such loss reserve Lender can no longer <br />require loss reserve payments if Mortgage Insurance coverage (In the amount and for the period that Lender requires) <br />provided by an insurer selected by Lcndcr again becomes available, is obtained, and Lander requires separately designated <br />payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as u condition ofmakmg the <br />Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Burrower shall pay the premiums required to maintain Mortgage insurance in effect, or to provide a non - refundable loss <br />reserve, until I ender's requirement for Mortgage Insurance ends in accordance with any written agreement between <br />Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if <br />Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />NEBRASKA - Single F,m1v— Fannie Mae /Freddie Mar t N[FORM INSTRUMBA'1' Forru3028 Fat (pnGr4nfRpnge.v) <br />9754 CV 11/021 1651496 <br />G0TCs000419h) <br />