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,, <br />2oo9oss4s <br />Lender may require Borrower tv pay, in connection with this Lvan, either: (a) a one-time charge for flood zone <br />determination, certification and tracking services; of (b) a one-time charge for flood zone detar7rrinativn and certification <br />services and subsequent charges each time remappings or similar changes occur which reasonably might affect such <br />determination or certification. Bonrvwer shall else be responsible for 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 Borrower, <br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at <br />Lender's vptivn and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of <br />coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the <br />Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage <br />than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly <br />exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lenderunder this Section 5 shall <br />become additional debt of Borrower secured by this Security Instrument, These amounts shall bear itttetest at the Note rate <br />from the date of disbursement and shall be payable, with such interest, upvn notice from Lender to Borrower requesting <br />payment. <br />All insurance policies required by Lender and renewals of such policies shall be subject to Lender's tight to <br />disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an <br />additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Burrower <br />shal I promptly give to Lender al I receipts of paid premiums and renewal natives. 1 f Borrower obtains any form of insurance <br />coverage, not otherwise required by Lender, for damage 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 of loss, Borrower shall give prompt notice to the insurance eerier and Lender. Lender maymake proof <br />of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, <br />whether or not the underlying -nsurance was required by Lender, shall be applied to restoration or repair of the Property, if <br />the restoration or re air is economically feasible and Lender's security is not lessened. During such repair and restorative <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. Lender 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 Law requires interest tv 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 Burrower shall nut be paid out of the insurance proceeds and shall be <br />the sole obligation of Borrower. If the restoration of 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 hrstrument, whether or not then due, <br />with the excess, if any, paid to Burrower. Such insurance proceeds shall be applied m the order provided fur in Section 2. <br />if Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related <br />matters. [f Bnrrvwer dues not respond within 30 days to a notice from Lender that the insurance carrier has offered to senle 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 ifLender acquires the Property under Section 22 of 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 vt this Security Instrument, <br />and (b) any other of Borrower's rights (ether 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 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 evnsent shall not be unreasonably withheld, or unless <br />extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and 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 vrdcr tv <br />prevent the Property from deteriorating or decreasing m value due to its condition. Unless it is determined pursuant to <br />Section 5 that repair of testvration is not economically feasible, Borrower shall promptly repair the Property if damaged to <br />avoid further deterioration or damage. If insurance yr condemnation proceeds are paid in connection with damage tv, yr the <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 m 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 yr <br />restore the Property, Borrower is nut relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender of tts went may make reasonable entries upvn and inspections of the Property. If it has reasonable cause, <br />Lender may inspect the interior of the im rovements 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 yr 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 (vr failed tv provide Lender with material <br />information) in connective with the Lvan. Material representations include, but are nut limited to, representations concerning <br />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 <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, fib) there is a legal <br />proceeding that might significantly affect Lender's interest in the Property and/or tights under this SecurtyInstrument (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 yr 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 />Property. Lender's actions can include, but ate nut 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' 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 nut limited to, entering the Property to make repairs, change locks, replace or board up doors <br />and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities <br />turned on ar off. Although Lender may take active under this Section 9, Lender does not have tv 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 ar 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 date of disbursement and shall be payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />if this Security Instrument is on a leasehold, Borrower shall. complywith all the provisions vfthe lease. IfBorrowet <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 />NEBRASKA--Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 11D1 (page 4 of R pages) <br />9754.CV (3/09) 6R9R7R24a0 Creative Thinking, Inc. <br />GOTO(0021 d579) <br />