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<br />200602950 <br /> <br />If Borrower abandons the Property, Lender may file, ncgotiate 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 Lcndcr may negotiate and scttlc thc claim. TIle 30-day period will begin when the notice is givcn. In either event, <br />or if Lender acquircs thc Property under Section 21 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to <br />any insurance procecds in an amount lIot to exceed thc amounts unpaid under the Note or tins Security Instrument, and <br />(b) any other of Borrowcr's rights (other than the right to any refund of unearned prennums paid by Borrower) under all <br />insurance policies covering the Property, insofar as sllch lighL~ arc applicable to the coverage of the Property. Lender may use <br />the insurancc procccds either to rcpair or rcstorc the Property or to pay amounts unpaid under the Note or this Security <br />Instrument, whether or not then due. <br />6. 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 wastc on the Property. Whether or not Borrower is residing in <br />the Property, Borrower shall maintain the Property in ordcr to prevent the Property from deteriorating or decreasing in value <br />due to its condition. Unless it is detennined pursuant to Scction 5 that repair or restoration is not economically feasible, <br />Borrower shall promptly repair the Property if damaged to avoid further deterioration or damagc. If insurance or condcmnation <br />proceeds are paid in connection with damage to, or tile taking of, the Property, Borrower shall bc responsible for rcpairing or <br />restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse procccds for the repairs <br />and 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 obligation <br />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, Lender <br />may inspect the interior of the improvements on the Property. Lcndcr shall givc Borrower noticc at the time of or prior to such <br />an interior inspection specifying such reasonable cause. <br />7. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or <br />any pcrsons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, <br />nnsleading, or inaccurate information or statements to Lender (or failed to provide Lender with matcrial information) in <br />conncction with the Loan. Material representations include, but are not limited to, representations concerning Borrower's <br />occupancy of the Property as Borrower's principal residence. <br />8. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.lf (a) Borrower fails <br />to perform the covenants and agreements contained in this Security Instrument, (b) thcre is a lcgal proceeding that might <br />significantly affect Lender's interest in the Property and/or rights under this Security Instnnnent (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which has or may attain priority over this Security <br />Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, thcn Lendcr may do and pay for <br />whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Tnstnllnent, <br />including protecting antVor assessing the value of the Property, and sccuring and/or repairing the Property. Lender's actions can <br />include, but are not limited to: (a) paying any sums secured by a lien which has or may attain priority over this Security <br />Instrument; (b) appearing in court; and (c) paying rea~onable attorneys' fees to protect its interest in the Property and/or rights <br />under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is <br />not limited to, entering thc Property to make repairs, changc locks, replace or board up doors and windows, drain water from <br />pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender <br />may take action under this Section 8, Lender does not have to do so and is not under any duty or obligation to do so. It is agrced <br />that Lender incllrs no liability for not taking any or all actions authorized under this Section 8. <br />Any amounts disbursed by Lender under this Section 8 shall become additional debt of Borrower secured by this Sccurity <br />Instrument if al10wed under Applicable Law. These amounts shall bcar interest at the Note rate from the date of disbursement <br />and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />9. Mortgage Insurance. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain <br />losses it may incur if Borrowcr does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />If Lender requircd Mortgage Insurancc a~ a condition of making the Loan, Borrower shall pay the premiums required to <br />maintain the Mortgage Insurance in effect. <br />10. Assignment of Miscellaneous Proceeds; Forfeiture. The Miscellaneous Proceeds of any award or claim for <br />damages, direct or consequential. in connection with any condemnation or other taking of the Property, or part thereof, or for <br />conveyancc in lieu of condemnation, are hereby assigned and shall be paid to Lcnder, subject to the terms of any mortgage, <br />deed of trust or othcr sccurity agrccment with a lien which has priority over this Security Instrument. <br /> <br />NEBRASKA DEED OI? TRUST-Single f'amily-Seeondary Lien <br />THE COMPLIANCE SOURCE, INC. <C D I l j <br />ITEM 8627L6 (0304}--MERS MFNE3118 (Page 6 rl J I pages) ~ <br /> <br />400071f\?3Q . GREATLAND. <br />To rrnJ., Ciff'"1.Sbo.530.9393 0 Fax: 616.791-1131 <br />