201004515
<br />detetntinaiion or certification. Borrower shall also be responsible for the payment of any fees imposed by the N'ederal
<br />L'mergency Management Agency in connection with the review ofany flood zone determination resulting from an objeclioit
<br />by Borrower.
<br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
<br />mender's option 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 Burrower, 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 sipttificatttly
<br />exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed b Lender underthis Section 5 shall
<br />become additional debt of Borrower secured by this Security lnstrument. These amounts shall bear interest at the Note rate
<br />from the date of disbursement and shall be payable, with such interest, upon notice frvm Lender to Borrower requesting
<br />payment.
<br />All insurance policies reyuircd 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 Lender as mortgagee aitd/or as an
<br />additional loss payee. f ,ender shat l have the right to hold the pvlicics and renewal certificates. If Lender requires, Borrower
<br />shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insur~mce
<br />coverage, not otherwise required by Lender, for damage to, or destruction of, lire Property, such policy shall include a.
<br />standard mortgage clause and shall Warne I..ender as mortgagee and/vr as an additional loss payee.
<br />In the event of loss, Borrower shall give prom t notice to the insurance carrier and Lender. Lender may make proof
<br />of loss ifnot made promptly by Borrower. Unless Lcndcr and Burrower otherwise agree in writing, any insurance proceeds,
<br />whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair ofthe Property, if
<br />the restoration or repair is economically feasible and Lender's security is not lessened..[7uring such repair aitd restoration
<br />period, mender shall have the right to hold such insurance proceeds until Lender has had an vpportumty 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 m 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 to be paid
<br />on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Dees
<br />for public adjusters, or other third parties, retained by Borrower shall not be paid out vfthe insurance proceeds and shall be
<br />the sole obligation of Borrower. If the 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 Sccurit~ Instrument, whether yr not then due,
<br />with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied m the order provided fur in Section 2.
<br />If l3orrowcr abandons the Properly, bender may file, negotiate and settle any available insurance claim and related
<br />matters. If Borrower dues nut respond within 30 days to a notice from Lender that the insurance carcier has offered to settle a
<br />claim, then Fender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either
<br />event, yr if Lender acquires the Property under Section 22 or otherwise, Burrower 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 ofunearned premiums paid by Bvrrvwer) under all
<br />insurance pvlicics covering the Property, insofar as such rights are applicahle to the coverage ofthe Property. Lender may
<br />use the insurance proceeds either to repair or restore the Property yr to pay amounts unpaid under the Note or this Security
<br />Instrument, whether yr 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 of the Property; Inspections. Borrower shall nut destroy,
<br />damage or impair the Property, allow the Property to deteriorate or commit waste
<br />vn the Property. Whether or not Borrower 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 deterrtitned pursuant to
<br />Section 5 that repair or restoration is not economically feasible, Bvrrvwer shall promptly repair the Property if damaged tv
<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, Borrower shall be responsible fur repairing or restoring the Property only if Lender has released
<br />proceeds fur such purposes. Lender may disburse proceeds fur the repairs and restoration m a single payment or in a series
<br />of progress payments as the work is completed. If the insurance ar condemnation proceeds are not sufficient to repair or
<br />restore the Property, Bvrrvwer is not relieved of Borrower's obligation for the completion of such repair or restoration.
<br />Lender or its a~cnt may make reasonahle entries upon and inspections of the Properly. f f it has reasonable cause,
<br />Lender may inspect the interior of the im rovements on the Properly. Lender shall give Borrower notice at the time of or
<br />prior to such an interior inspection specifying such reasonable cause.
<br />$. Borrower's Loan Application. Bvrrvwer shall be in default if; during the Loan application process,
<br />Borrower or any .persons or entities acting at the direction of Burrower or with Borrower's knowledge or consent gave
<br />materially false, misleading, or inaccurate infoimation or statements to Lender (vr failed tv provide Lender with material
<br />information) in connection with the Loan. Material representations include, but are nut limited tv, representations concerning
<br />Borrower's occupancy of the Property as Borrower's principal residence.
<br />9. Protection of Lender's Interest iu the Property and Rights Under this Security Instrument. If
<br />(a) Burrower. 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 attd/or rights under this Security Instrument (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 lnstrument or to enforce laws or regulations), or (c) Bvrrvwer has abandoned the Properly, 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 lnstrument, including protecting and/or assessing the value of the Property, and securing and/or 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' fees to protect its interest in the
<br />Property and/or rights under this Security lnstrument, including its secured position in a bankruptcy proceeding. Securing
<br />the Property includes, but is not 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 yr dangerous conditions, and have utilities
<br />turned on or off. Although f.,en er may take action under this 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 authorised under this
<br />Section 9.
<br />Any amounts disbursed by Lender under this Scctivn 9 shall become additional debt of Borrower secured by this
<br />Security Instrument. These amounts shall bear interest at the Note rate frvm the date ofdisbursement and shall he payable,
<br />with such interest, upon notice from Lender to Borrower requesting payinent.
<br />ifthis Security lnstrument is on a leasehold, Bvrrvwer shall comply with all the provisions ofthe lease. IfBvrrower
<br />acquires fee title to the Property, the leasehold and the fee title shall nut merge unless Lender agrees tv the merger in writing.
<br />10. Mortgage Insurance. If Lender required Mortgage htsurance as a condition of making the Loan,
<br />Borrower shall pay the premiums requited to maintain the Mortgage Insurance in effect. lf, for any reason, the Mortgage
<br />Insurance. coverage required by Lender ceases to be available frvm the mortgage insurer that previously provided such
<br />NEBRASKA-Single Namily-Fannie Mae/Freddie Mee IiNIFORM INSTRUMENT (MFRS) Form 3028 1/Ol (page 4 of 8 pages)
<br />12439.CV (i t/o7) 6898885040 Creative Thinking, Inc.
<br />(i0'I'o(0027.562b)
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