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<br />200900746 <br /> <br />Lender may require Borrower to pay, in connection with th!S Loan, either: (a) a onewtime. ch~ge for f10~ ZC!ne <br />determination certification and tracking services; or (b) a one.tune charge for flood zone determmation l!Dd certification <br />services and subsequent charges each time remappings or s~i1ar changes occur which reaso~ably mIght affect such <br />determination or certification. Borrower shall also be responsIble for the payment o~ any, fees lmp'osed by the F.ede;al <br />Emergency Management Agency in connection with the revIew of any flood zone determmation resulting from an objection <br />by Borrower. . . <br />If Borrower fuils 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 purchase any particular typ~ or ~ol!Ilt of <br />coverage Therefore such coverage shall cover lender, but might or mi~ not protect Borrower, Borrower s eqUIty m the <br />Property: or the cont~nts of the Property, against any risk, hazard or lial:itl,ity and might provide W'OO:ter or !esse! cl?verage <br />than was previously in effect Borrower acknowledges that.the cost of the mslJ1'a!lce coverage so obtained~ght sl~ificantly <br />exceed the cost of insurance that Borrower could have obtamed. Any amounts dISbursed by Lender~derthis Section 5 shall <br />become additional debt of Borrower secured by this Security Instrument. These amounts shall bear mterest at the Note mte <br />from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br /> <br />payment. . . . Le d ' 'gh <br />All insurance policies required by Lender and renewals of such pOhC1es shall be subject to n er s n t to <br />disapprove such policies, shall include a standard mortgage c.lR?se, and shall nam~ Lender as mortgagee. andlor as an <br />additIonal loss payee. Lender shall have the ri~t to ho)d the pohCles and re~ewal certificates. If~nder reqUIres, ~rrower <br />shall promptly give to Lender all receipts of paid premlUms and renewal n?oces. If Borrower obtams an~ form of ~ce <br />coverage not otherwise required by Lender, for damage to, or destructton ot: the Property, such policy shall mclude a <br />standard ~ortgage 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 insuranc<: carrier 8!ld ~~der. l.en~rmaymake proof <br />ofloss ifnot made promptly by Borrower. Unless Lender and Borrower otherwise agree m wrIting, any msurance proceeds, <br />whether or not the underlymg insurance was required by Lender, shall be applied to restoration or repair of the Property, if <br />the restoration or rerair is econ?micalIy feasible ~d Lender's security i~ not lessened. During such rep~ir an~ restoration <br />period Lender shal have the nght to. hold such msurance proceeds untll Lender has had an opportunity to mspect such <br />Property to ensure the work has Geen 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 pa}ment or in a series of progress <br />payments as the work 1S 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 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. lfthe restoration or repair is not economically feasible or Lender's security would be <br />lessened, the insurance proceeds shall be applied 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, lilnder 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 30wday 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 unearned premiums paid by Borrower) under all <br />insurance policies covering the Property, insowas 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 <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 after the execution of this Security Instrument 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 and Protection ofthe 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 />avoid further deterioration or damage. Ifinsurance or condemnation proceeds are paid in connection with damage to, orthe <br />taking of; the 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 restoration. <br />Lender or its a&ent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />Lender may inspect the mterior of the imp~ovements on the Property. Lender shall give Borrower notice at the time of or <br />prior to such an interior inspection specitying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in defiwlt if, during the Loan application process, <br />Borrower or any persons or entities actin& 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 fitiled to provide Lender with material <br />information) in connection with the Loan. Material repre~e~tations }Dclude, but are not limited to, representations concerning <br />Borrower's occupancy of the Property as Borrower's prmclpal 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 leO"al <br />proceeding ~at I?ight significantly affect Lender's interest in the Property andlor rights under this Seemty Instrument (s~ch <br />as a proceedill& ill oankruptcy, probate, fur 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 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 />Pr.operty. ~nder' s actions can inclu~e, b!lt are not limited to: (a) paying any sums secured by a lien which has priority over <br />thIS SecurIty Instrument; (b) appearm~ In court; and (c) paYIn~ reasonable attorneys' fees to protect its interest in the <br />Property and/or rights under th1S Security Instrument, including Its secured position in a bankroptcy proceeding. Securing <br />the Pr!>perty inclu.oes, but is not !imited .to,. entering t!te Property to mak;e repairs, change locks, reP.I~e or board up doors <br />and wmdows, dram water from pipes, ellmmate .buildmg or ?ther code vlOlations or dangerous condltlOns, and have utilities <br />turned on or off. Although Lender may take acnon under tIllS 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 ofBorrower secured by this <br />Sc;curity ~strument. These ~ounts shall bear interest at the Note rate from the date of disbursement and shall be payable, <br />WIth such mt~rest, upon notICe from Lender to Borrower requesting payment. <br />. Ifth~s Security Instrwnent is on a leasehold, BOTr<?wer shall comply with all the provisions of the lease. IfBorrower <br />acqUIres fee tItle to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br /> <br />NEBRASKA-Single Family-Fannie MaefFrcddle Mae UNIFORM INSTRUMENT <br />9754.CY (1/08) 4300101223 <br /> <br />FQrm 3028 1101 (page 4 018 pages) <br />Creative ThiDkinj:, IDe. <br /> <br />GQTQ(OOId32tb) <br /> <br />\. <br />