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<br />200710087 <br /> <br />Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for fluud zone <br />deternlination, certificatiun and tracking services: or (h) a one-time charge for floud zone deternlination and certification <br />services and subsequent charges cach time remappings or similar changes uccur which reasonably might aflect such <br />determinatiun or ecrtification, Borrower shall also be responsible for the payment of any fees imposed by the Federal <br />Emergency Management Agency in connection with the rcvicw of any flood zone determination resulting from an objection <br />by Borrower, <br />If Borrower fails tu maintain any of the coverages described above, Lender may obtain insurance covcragc, at <br />Lender's optiun and Borrower's cxpense, Lender is under no obligation to purcbase any particular type or amoUllt of <br />coverage, Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrowcr's equity in tbe <br />Property, or the contents ofthe Property, against any risk, hazard or liability and might provide greatcr or lcsser coverage <br />than was previously in etlect Borrower acknowledges that the cost onhe insurancc coverage so obtained millht significantly <br />exceed the cost of IIlsurance that Borrower could havc obtained, Any amounts disbursed by Lender under thIS Section 5 shall <br />become additional debt of Borrower secured by this Sccurity Instrument These amounts shall bear interest at the Note rate <br />trom the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment, <br />All insurance policies required by Lender and renewals uf such pulicies shall be subject \0 Lender's right to <br />disapprove such policies, shall include a standard mortgage clause, and shall name Lcnder as mortgagee and/or as an <br />additional loss payee, Lender shall have the right to huld 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 damagc 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 ufloss, Borrower shall give prompt notice to the insurance carrier and Lender. Lendermaymakeproof <br />ofloss ifnot made promptly by Borrower, Unless Lender and Borrower utherwise ab'tee in writing, any insurance proceeds, <br />whether or not the underlying insurance WaS required by Lender, shall be applied to resturation 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 opporrunity to inspect such <br />Property to ensure the work has been completed tu Lender's satisfaction, providcd that such inspection shall be undertaken <br />promptly, Lender may disburse proceeds for the repairs and restoration in a singlc payment or in a series of progress <br />payments as the work is cumpleted, 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 of the insurance proceeds and shall be <br />the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's sccurity would be <br />lessened, the insurance proceeds shall bc applied to the sums secured by this Security Instrument, whether or not thcn due, <br />with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the ordcr 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 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 Properly 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 lnstnurnent, <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 tu the coverage of the 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 nut 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 Instrumcnt 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, Preservation, Maintenance Ilnd 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 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 determmed pursuant to <br />Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to <br />avuid further deterioration or damage, If insurance or condemnation proceeds are paid in connection with damage to, or the <br />taking of, thc 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 of such repair or restoratiun, <br />Lender or its agent may make reasonable entries upon and inspections onhe Property Ifit 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 he 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 the Loan, Material representations include, but arc notlimitcd to, representations concerning <br />Borrower's occupancy of the Property as Borrower's principal residence, <br />9. Protection of Lender's Intercsr in the Property and Rights Under this Security Instrument, If <br />(a) Borrower fails to perfonn the covenants and agreements contained in this Security Instrument, (h) there 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, probale, for condemnation or forfeiture, for enforcement of a lien which may attain priority <br />over this Security Instmment or to enforcc laws or regulations), or (c) Borrower has abanduned 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 actiolls can include. but are not limited to: (a) paying any sums sceured bya lien which has priority over <br />this Security Instrument; (b) appearing in court: and (c) paying reasonable attorneys' fees to protect its interest In 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 tu, entering the Property to make rerairs, change locks, replace or board up doors <br />and windows, drain water from pipes, eliminate building or other code violal1ons 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 aClions authorized under this <br />Section 9. <br />Anv amounts disbursed by Lender under this Seelion 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 tu Borrower requesting payment <br />(fthis Security Instrument is on a leasehold, Borrower shall comply with all the provisiuns 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 thc merger in writing, <br /> <br />NEBRASKA--Singlc F.mily~F.nnie M.elFreddic :vI.. UNIFORM INSTRUMENT <br />1.J754.{:V (I/O:S) 6898555040 <br /> <br />form 3028 lIOt (page 4 ol8 pages) <br />Creative Thinking, Inc. <br /> <br />GOT(>{()(JI 685ee) <br />