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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) <br />