Laserfiche WebLink
<br />200709607 <br /> <br />Lender may require Borrower to pay, in conncction with this Loan, either: (a) a one-time charge for flood zonc <br />determination, certification and tracking services; or (b) a onc-timc charge tor flood zone determination and certification <br />services and subsequent charges each timc remappings or similar changes occur which reasonably might affect such <br />determination or certification. Borrower shall also he responsible for the payment of any tees imposed by the Federal <br />Emergency Management Agency in connection with the revIew of any flood zOne determination resultmg from an objection <br />hy Borrower. <br />If Borrower fails to maintain any of thc 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. Tberefore, 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 thc 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 paYdble, with such interest, upon notice trom 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 ofloss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br />ofloss ifnot made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, <br />whether or not the onderlying insurancc 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 agreernent 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 be <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 applicd to the sums secured by this Security Instrument, whether or not then due, <br />with the 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 />mallers. 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 <br />event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's <br />rights 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 un earned premiums paid by Borrower) under all <br />insurance policies covering the Property, insofar as such rights arc applicable to the coverage of the Property. Lender may <br />use the insurance proceeds either to repair or restore thc Property or to pay amounts unpaid under the NOIe 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 <br />60 days atier the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal <br />residence tor 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. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy. <br />damage or impair the Properry, 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 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, Borrowcr shall promptly repair the Properry if damaged to <br />avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the <br />taking of, the Property, Borrower shall be responsible tor 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. Ifthe insurance or condemnation proceeds arc not sufficient to repair or <br />restore the Propcrty, Borrower is not relieved of 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 />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrowcr or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave <br />materially talse, misleading, or inaccurate information or statements to Lender (or tailed to provide Lender with material <br />intom1atlon) in connection with the Loan. Material represcntations include, but are not limited to, representations concerning <br />Borrower's occupancy of the Property as Borrowcr'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 perfoIDl 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 Instnrment (such <br />as a proceeding in bankruptcy, probate. for condemnation or forfeiture, for enforcement of a lien which may attain 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 tor 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 Instrument; (b) appearing in court; and (c) paying reasonable attorneys' tees to protect its imerest m the <br />Property and/or rights under thIS Security Instrument, including its secured position in a bankruptcy proceeding. Securing <br />the Property includes, but is not limited to, entering the Property to make reJ?airs, change locks, replace or board up doors <br />and windows, drain water from pipes, eliminate building or other code violattons or dangerous conditions, and have utilities <br />turned on or ofT. 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 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 ill1less Lender agrees to the merger in writing. <br /> <br />NEBRASKA-Single Family..Fannie MaelFreddie M.. tJN'FORM INSTRtJMKNT <br />9754.CV (1105) 6~9!l557140 <br /> <br />Form 3028 1/01 (page 4 of 8 pa!!.es) <br />Creative Thinkin2. Inc. <br /> <br />GOTO(00l6.707) <br />