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<br />'!! <br /> <br />200803087 <br /> <br />certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each <br />time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible <br />for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone <br />determination resulting from an objection by Borrower. <br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and <br />Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover <br />Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or <br />liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance <br />coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender <br />under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note <br />rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall <br />include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold <br />the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. <br />If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy <br />shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made <br />promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance <br />was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's <br />security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has <br />had an opportunity_ to. inspect z-Ucl1 P-roperty t~--Qnsura -tAQ-work-t1as boon eompletad-te--Len6er's-~tisfactiOfl, provided that such-inspection shall - <br />be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments <br />as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, <br />Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained <br />by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not <br />economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided <br />for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does <br />not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle <br />the claim. The 3D-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or <br />otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid <br />under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid <br />by Borrower) under all 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 restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether <br />or not then dUe. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution <br />of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of <br />occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances <br />exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, <br />allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain <br />the Property in order to 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, Borrower shall promptly repair the Property if damaged to avoid further <br />deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower <br />shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse <br />proceeds for the repairs 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 for the completion of <br />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 may inspect the <br />interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying <br />such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities <br />acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or <br />statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are <br />not limited to, representations concerning 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 (a) Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in <br />the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the <br />Property, then Lender 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 Property. Lender's actions <br />can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; <br />and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured <br />position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, <br />replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have <br />utilities 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 duty or <br />obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These <br />amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to <br />Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the <br />Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums <br />required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be <br />available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments <br />toward the premiums for Mortgage .Insuranc~" ~orro,^,er shall pay the premiums reQ.Uired to...o.btain coverage substantially equivalent to the <br />Mortgage Insurance previously in effect,- at-a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, <br />from an alternate mortgage Insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall <br />continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. <br />Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be <br />non-refundable, notwithstanding the fact that the Loan is ultimately paid In full, and Lender shall not be required to pay Borrower any interest or <br />earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the <br />period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately <br />designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan <br />and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the <br />premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage <br />Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is <br />required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the <br />Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Page 3 of 6 <br /> <br />Ini~~~~!~1 <br /> <br />., 1" <br /> <br />~ ~ ~ ,\ <br />. ,J <br /> <br />. \ <br />.- .~ <br />,',I ,. <br />