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X00905183 <br />Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone <br />determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification <br />services and subsequent charges each time remappings or similar changes occur which reasonably might affect such <br />determination or certification. Borrower shall also be responsible fvr the payment of any fees imposed by the Federal <br />Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection <br />by Bon ower. <br />If Borrower fails tv maintain any of the coverages described above, Lender may obtain insurance coverage, at <br />L.ender's option and $on ower's expense. Lander is under no obligation to purchase any particular type or amount of <br />coverage. Therefore, such coverage shall cover Lender, but might or might eat prvtect Borrower, Borrower's equity in the <br />Property, ar the contents of the Property, against any risk, hazard or liability and might provide greater yr lesser coverage <br />than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so vbtamed might significantly <br />exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Secton 5 shall <br />become additional debt of Bon ower secured by this Security Instrument. These amounts shall bear interest at the Nole rate <br />from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br />All insurance policies reqquired 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 Lander as mortgagee and/or as an <br />additional loss payee. lender shall Nava the right to hold a policies and renewal certificates. If Lander requires, Borrower <br />shall promptly give tv Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance <br />coverage, not otherwise required by Lander, for damage tv, ar destruction af, the Property, such policy shall include a <br />standard mortgage clause and shall name Lender as martgagec acrd/or as an additional loss payee. <br />In the event of loss, Borrower shall give promppt notice to the insurance carrier and Lender. Landermay make proof <br />of loss if not made promptly by Borrower. Unless I.,ender and 13arrawer otherwise agree in writing, any insurance procc;cxls, <br />whether or not the underlying insurance was required by bender, shall be applied to restoration or repair of the Property, if <br />the restoration yr 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. Lander 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 agreement is made in writing or Applicable baw requires interest to be ppaid <br />on such insurance proceeds, Lander shall not be required to pay Borrower any interest nr earnings on such proceeds. I~'ees <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 yr Lender's security would be <br />lessened, the insurance proceeds shall be applied to the sums secured by this Security Instnunent, whether or not then due, <br />with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied m 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 />matters. If Borrower dons not respond within 30 days to a notice from Lander that the insurance carrier has offered to settle a <br />claim, than bender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either <br />event, or if Lender acquixes the Property under Section 22 ar otherwise, Hvirowar hereby assigns to Lender (a) Bvrrower's <br />rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instnarnent, <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 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 than due. <br />6. Occupancy. $arrower 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 fvr at least one year after the date <br />of occupancy, unless Lender otherwise agrees in writing, which consent shall not ba unreasonably withheld, ar unless <br />extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspcetivns. 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 F3arrower is residing in the Property, Borrower shall maintain the Property in order tv <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, Borrower shall promptly repair the Property 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, Harrower shall be responsible far repairing or restoring the Property only if Lender has released <br />proceeds far such purposes. Lender may disburse proceeds far 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 era not sufficient to repair or <br />restore the Property, Horrower is not relieved of Borrower's obligation far the completion of such repair ar restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property, If it has reasonable cause, <br />bender 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 />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 tv Lender (vr failed tv provide Lender with material <br />information) in connection with the Loan. Material representatives include, but era not limited to, representations concerning <br />Borrower's occupancy of the Property as Borrower's principal residence. <br />9. Protection of Landar'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 legal <br />proceeding that might significantly affect Lender's interest in the Property and/or rights under this 5ecunty Inshtiunent (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) Forrower has abandoned the Property, then Lender <br />may do and pay fvr whatever is reasonable ar 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/ar 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' fens 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 eat limited to, enterin the Property to make repairs, change locks, replace or board up doors <br />and windows, drain water from pipes, eliminate building yr other code violatons or dangerous conditions, and have utilities <br />turned on or off. Although Lender may take active under this Section 9, Lender dons not have to do so and is not under any <br />duty or obligation to do sn. It is agreed that Lander 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 data of disbursement and shall be payable, <br />with such interest, upon notice from Lender tv Hvrrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions afthe lease. If Borrvwc,~r <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lander agrees to the merger in writing. <br />NEBRASKA--Single Family-Fannie Mae/Freddie Mac UNIFUKM INSTRUMENT Form 3028 t/01 (page 4 of 8 ppgesJ <br />9754.CV (3/09) 004-306-534 Creative'I'hinking, Inc. <br />CrOTO(OOOe541 a) <br />~v^ <br />