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201001286 Lender may require Horrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone deterrninahon resulting from an objection by Borrower. If Borrower 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 protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater ar lesser coverage than was previously in effect. Borrower acknowledges that the cost ofthe insurance coverage so obtained might significantly exceed the cast ofinsurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. 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 such 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, Ban-rawer shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form ofinsurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional lass payee. In the event of loss, Borrower shal I give prompt nonce to the insurance carrier and Lender. Lender may make proof of lass ifnot made promptly by Harrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair ofthe 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 ofthe insurance proceeds and shall be the sole obligation of Borrower. if the restoration or repair is not econnm~cally 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, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2, IFBorrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. IfHarrvwer 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) Horrawer's rights to any insurance 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 right to any refund ofunearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair ar restore the Property or to pay amounts unpaid under the Note yr this Security Instrument, whether ar not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Harrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Harrpwer's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's central. 7. Preservation, Maintenance and Protection of the Property; Inspections. Harrower shall not destroy, damage or impair the Property, allow the Property to deteriorate nr commit waste nn the Property. Whether or not Borrower is residing in the Property, Horrvwer shall maintain the Property in order to prevent the Property from deteriorating or decreasing m value due to its condition. Unless it is determined pursuant to Section 5 that repatr or restoration is not economically feasible, Borrower shall promptly repair the Property ifdamaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid m connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing ar restoring the Property only if Lender has released proceeds For such purposes. Lender may disburse proceeds for the repairs and restoration m a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair ar restore the Property, Horrower is not relieved of Hvrrvwer's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. Ifit has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Harrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. $. Borrower's Loan Application. Harrower shall be in default iF during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Harrower's knowledge ar consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations canceming Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal 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), ar (c) Borrower has abandoned the 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 Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited tv: (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 in 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 ut~hties turned an 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 obligation to do so. It is agreed that Lender incurs no liability far not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Harrower secured by this Security Instrument. Those 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. Ifthis Security Instrument is an a leasehold, Borrower shall comply with all the provisions ofthe lease. Ifl3orrnwer acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. NEBRASKA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/Ol (page 4 of8 pages) 975a.CV (3/09) 99-25676 Creative Thinking, Inc. UOTO(000333d9)