<br />200702602
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<br />one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for tlood
<br />zone determination and certification services and subsequent charges each time remappings or similar changes occur
<br />which reasonably might affect such determination or certification. Borrower shall also be responsible for the
<br />payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any
<br />flood zone determination resulting from an objectIOn by Borrower.
<br />If Borrower fails to maintain any ofthe coverages described above, Lender may obtain insurance coverage,
<br />at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular t)'pe or amount
<br />of coverage. Therefore, stich coverage shall cover Lender, but mi,ght 01' might not protect Borrower, Borrower's
<br />equity in the Property, or the contents ofthe Property, against any rISk, hazard 01' liability and might provide greater
<br />or lesser covera~e thun wus previously in eflecL Borrower acknowledges that the cost ofthe insurance coverage so
<br />obtained might significant Iy exceed the cost ofinsurnnce that BorrowC,lI' could have obtuined, Any Amounts disbursed
<br />by Lemler under this Section 5 shall become additional debt of Borrowcl' secured by this Security Instrument. These
<br />amounts shall bear interest at the Note rate from the dute ofdisburscmcnt and shall be payable. with such interest,
<br />upon notice from Lender to Borrower requesting payment.
<br />All insurancc policies required by Lender and renewals of such policies shall be subject to Lender's right to
<br />disapprove such policies, shull include a standard mortgage clause, ami shall name Lender as 1110ltgagce and/or as an
<br />additIOnal loss payee. Lender shall have the ri~t 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 reqlllred by Lender, for dUl11age to, or destruction 01; 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
<br />make proof of loss ifnot 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 ofthe Property, ifthe 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 mterest to be paid on such insurance proceeds, Lender shall not be
<br />required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
<br />retained by Borrower shall not be paid out ofthe insurance proceeds and shall be the sole obligation of Borrower. If
<br />the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds
<br />shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid
<br />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
<br />related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
<br />offered to settle a claim, then Lender may negotiate and settle the c1nim. The 30-day period will begin when the
<br />notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise. Borrower hel'eby
<br />assigns to Lender (a) Borrower's rights to any lI1surance proceeds in nn amount not to exceed the amounts unpaid
<br />under the Note or tillS Security Instrument, and (b) any other of Borrower' s rights (other than the right to uny re/Llnd
<br />of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
<br />are applicable to the coverage on he Property. Lender may use the insurance proceeds either to repuir or restore the
<br />Property or to pay 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
<br />within 60 days after the execution ofthis Security Instrument and shall cOIltinu.e to occupy the Property as Borrower's
<br />principal residence /br 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, Preset'vatlon, Maintenance and Protection of the Property; Inspcctions. Borrower shall not
<br />destroy, damage or impair the Property, allow the Property to deteriorate or commit waste
<br />on the Property, Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order
<br />to prevent the Property from deteriorating or decreasing in value due to its condition, Unless it is determined
<br />pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the
<br />Property if damaged to avoid further deterioration or damage, If insurance or condemnation proceeds are paid in
<br />connection with damage to, or the taking of, the Property, Borrower shall be responsib Ie for repairing or restoring the
<br />Proper~ 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 />Lender or its agent may make reasonable entries upon and inspections ofthe Property. Ifit has reasonable
<br />cause, Lender may inspect the interior ofthe improvements on the Property, Lender shall give Borrower notice at the
<br />time of or prior to such an interior inspection specifYing such reasonnble cause,
<br />8. Borrowcr's Loan Application. Borrower shall be in delault if, during the Loanllpplication process,
<br />Borrower or any persons or entities acting at the direction of Borl'Ower 01' with Borrower's knowledge or consent
<br />gave materially false, misleading. or inaccurate informntion or statell1ents to Lender (or failed to provide Lender with
<br />material information) in connection with the Loan. Material representations include, but lire not limited to,
<br />representations concel'lling Borrower's occupancy of the Property liS Borrower's principal residence.
<br />9. Pt'otcctlun ufLcndcr's Interest in the Property and Itlghts Under this Security In!llt'ument. If
<br />(a) Borrower fails to \)erlllflll the covenants and agreements contained in this Security Instrument. (b) there is a le~al
<br />proceeding that mig 1t signilicllntly aflect Lender's interest in the Property and/ol' rights under this Secul'lty
<br />Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enlorcement ofa lien
<br />which may aHain priority ovcr this Security Instrumcnt or to enforcc laws or regulutions). 01' (c) Borrower has
<br />abandoned the Property, then Lender may do and pay for whatever is l'casonable or nppropl'late to pl'Otect Lender's
<br />interest in the Property and rights under this Security Instrument, includin~ protecting and/or assessing the value of
<br />the Property, and secul'ing and/or repairing the Property, Lender's uctlOns can include, but lire not limited to:
<br />(a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appcaring in court; and
<br />(c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security
<br />Instrument, including its secured position 111 a bankruptcy proceeding. Securing the Property includes, but is not
<br />limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
<br />from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off.
<br />AlthoushLender may take action under this Section 9, Lender does not have to do so and is not under any duty or
<br />obligatton 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 />
<br />NEBRASKA--Single Family-Fannie Mae/Freddie Mac UNU'DRM INSTRUMENT
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<br />Form 3028 1/01 (page 4 of8 pages)
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<br />17213.CV (3/06)
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<br />01-2] 12
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<br />Creative Thinking, Inc,
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