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<br />200607624 <br /> <br />Lender may require Borrower to pay, in coonection with this Loan, either: (a) a one-time charge for flood zone <br />determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification <br />services and subsequent charges each timc remappings or similar changes occur whicb reasonably might affect sucb <br />determination or certification. Borrower shall also be responsible for the payment of any fees imposed oy the Federal <br />Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection <br />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 purcbase any particular type or amount of <br />coverage. Therefore, such coverage shall cover Lender, but might or mig;ht not protect Borrower, Borrower's equity in the <br />Property, or tbe contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage <br />than was previously m effect. Borrower acknowledges that the cost ofthc insurance coverage so obtained might significantly <br />exceed the cost of insurance that Borrower could bave 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 thc date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment <br />Ail 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 />additJonalloss payee. Lender shall bave 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. IfBorTOwer obtains any form of insurance . <br />coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall includc a <br />standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. <br />In the event ofloss, Borrower sball give prompt notice to the insurance carrier and Lender. Lendermaymakeproof <br />ofloss 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 ofthe Property, if <br />the restoration or rerair is economically feasible and Lender's security is nOllessened. During sucb repair and restoration <br />period, Lender shal 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 satisfi1ction, 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 <br />on such insurance proceeds, Lender shall not be requined 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 ofthc insurance proceeds and shall be <br />the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lendcr's security would be <br />lessened, the insurance proceeds shall be applied to thc sums secured by this Security Instrument, wbether or not then due, <br />with the excess, ifany, paid to Borrower. Sucb insurance proceeds shall be applied in the order provided for in Section 2. <br />IfBorrower abandons the Property, Lender may file, negotiate and settle any availablc insurance claim and related <br />matters. If Borrower does not respond within 30 days to a notice from Lender that tbe insurance carrier bas offured 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 <br />event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's <br />rigbts to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, <br />and (b) 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 <br />use the insurance proceeds either to repair or restorc the Property or to pay amOllllts unpaid under thc Note or this Security <br />Instrument, whetber 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 a.' Borrower's principal <br />residence for at least one year after the date <br />of occupancy, unless Lender otherwise agrees in writing, which consent sball not be unreasonably withheld, Or unIcss <br />extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservatlou, Maintenance and Protection ofthe Property; Inspections. Borrower shall not destroy, <br />damage or impair thc Property, allow the Property to deteriorate or eommit waste <br />on the Property. Whether or not Borrower 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 deterrruned pursuant to <br />Section 5 that repair or restoration is not economically feasihle, Borrower shall promptly repair the Property if damaged to <br />avoid further deterioration or damage. Ifinsurance or condemnatiC)ll 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 bas 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 />restorc the Property, Borrower is not relieved of Borrower' s obligation for the completion of such repair or restoration. <br />Lender or its a~ent may makc reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />Lender may inspect the mterior of the improvements on the Property. Lender shall give Borrower notice at the time of Or <br />prior to sucb an interior inspection specitying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons or entities acting at the direction of Borrower 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 tbe Loan. Material representations include, but are not iimited to, representations concerning <br />Borrower's occupancy of the 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) there is a legal <br />proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (s~h <br />as a proceeding m 'bankruptcy, probate, for condemnation or forfeiture, for enforcement of a hen which may attam pnonty <br />over this Security Instrument or to enforce laws or regulations), or (c) Borrower bas 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 asse.ssing the value of the Property, and securing and/or repairing the <br />Property. Lender's actIOns can include, but arc not llUllted to: (a) paymg any sums secured by a lien whicb bas pnonty over <br />this Security Instrument; (b) appearin~ in court; and (c) payin~ reasonable attorneys' fees to protect its interest m the <br />Property and/or rights under thiS SecurIty lnstn.unenl, mcluding Its secured pOSition m a bankruptcy proceeding. Secunng <br />the Property incluaes, but is not limited .to,. entering 1:?e Property to make rerairs, change locks, replace or board up doors <br />and windows, drain water from ptpes, ehmmate building or other code vlolallons or dangerous condinons, and have utilities <br />nnned 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 authorized under this <br />Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this <br />Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, <br />with sucb interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shaIl comply with all the provisions of the lease. If!3orrower <br />acquires fee title to the Property, the leasehold and the fee title shaIl not merge unless Lender agrees to the merger m wntmg. <br /> <br />NEBRASKA-SlnJie Family-F.oole MoeJFreddle M.. UNIFORM INSTRUMENT <br />9754.CV (12105) 260074 <br /> <br />Forlll )028 1/01 (pap 4 af 8 pagu) <br />Creollve Thlnklne, 100:. <br /> <br />GOTO(oo04de2d) <br /> <br />~~ <br /> <br />PDF created with pdfFactory Pro trial version www.odffactorv.com <br />