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200901401 one-time c~ge. for flood z,?ne d~tenni~tion, certification and tracking se~ices; or (b) a one-time charge for flood zo~e detennmatlon a~d certification services !llld .subsequen~ charges each time remappmgs or similar changes occur which reasonably m~ght affect such determmatlon or certlficatlon. Borrower shall also be responsible for the payment of any fees Imposed by the Federal Em~ency Management Agency in connection with the review of any flood zone detennination resulting from an objectIOn by Borrower. IfBolTower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not r.rotect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser covera~e than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instnunent. These 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 Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove sucb policies, shall 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 the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiwns and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise reqUIred by Lender, fur damage to, or destmction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additiol1alloss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof ofloss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the wlderlying insurance 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 security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. 1 f the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons tlle Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does 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 the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any msurance proceeds in an amount not to exceed the amounts unpaid under the Note or thiS Security Instrument, and (b) any other of Borrower' s rights (other than the ri~t to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Prol?erty, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrwnent, whether or not then due. 6, Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 da~ aiter the exe(..'Ution of this Security Instrument and shall continue to occupy the Property as Borrow(..'f's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shaH not be unreasonably withheld, orwdess extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceedS are paid in connection with danYlge to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property on!y if~ender has release~ pr~ds for such purposes. Lender maydis~urse proceeds for th~ repairs and restoratIOn m a smgle payment or III a senes of :progress payments as the work IS completed. If the lllsurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the ProperlY. If it has reasonable cause, Lender may inspect the interior of tlle improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specitying such reasonable cause. 8. Borrower's Lolln Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material infonnation) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under tbis Security Instrument. If ( a) Borrower fails to perfonn the covenants and agreements contained in this Security Instrument, (b) there is a le~l proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropnate to protect Lender's interest in the Property and rights under this Security Instnunent, including protecting and/or assessing the value of the Property, ana securing and/or repairing the Property. Lender's actions 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; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position III a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have \ltilities turned on or off. Althou$h Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obli~atlon to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 17213.CV (3106) 03-1064 Form 3028 1/01 (page 4 of8 pages) Creative Thinking, I11~. NEBRASKA-Single Family-FanDle Mae/Freddie Mae UNIFORM INSTRUMENT GOTO(OOI46t3a)