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;~ • ,P ~ .,,~ t ,;.~ 201004978 <br />6y fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, <br />for which Lander requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods <br />that Lender requires, What Lender requires pursuant tv the prsneding sentences can change during the term of the Loan. The insurance <br />varrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not <br />be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either; (a) a one-time oharga for flood zone <br />determination, certification and travking services; yr Ib) a one-time charge far flood zone determination and certification services and <br />subsequent charges each time remappings pr similar changes occur which reasonably might affect such determination or certification, <br />Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agenvy in cvnnavtion with <br />the review of any flood zone determination rsaulting from an objection by Borrower. <br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and <br />Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall <br />cover Lender, but might or might opt prptsvt Borrower, Borrower's equity in the Property, or the contents pf the Prpperty, against any risk, <br />hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the <br />insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts <br />disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts <br />shall bear interest at the Npte rate from the date of disbursement and shall bs payable, with such interest, upon notice from Lender tp <br />Borrower requesting payment. <br />All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, <br />shall include a standard mortgage clause, and shall name Lender as mortgagee andlor as an additional loss payee. Lender shall have the <br />right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums <br />and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, far damage tv, or destruction <br />of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee andlor as an additional loss <br />payee. <br />In the event of loss, Borrower shall give prompt notiv6 tp the insurance carrier and Lender. Lender may make proof of loss if not <br />made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, any insurance prpvasds, whether or not the <br />underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is <br />economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold <br />such insurance proceeds until Lender has had an opportunity to inspect suvh Property tv ensure the work has been completed to Lender's <br />satisfavtian, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a <br />single payment or in a series of progress payments as the work is completed, Unless an agreement is made in writing or Applicable Law <br />requires interest tp be paid on such insuranvs praveeds, Lander shall not be required to pay Borrower any interest or earnings on suvh <br />proceeds. Fees for public adjusters, or other third parties, re#aiied by Borrower shall not be paid out of the insurance proceeds and shall <br />be the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's security would be lessened, the <br />insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid <br />to Borrower. Suvh insurance praveeds shall be applied in the order provided for in Sevtivn 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters, If <br />8prrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, than Lender may <br />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 <br />under Section 22 or otherwise, Borrower hereby assigns to Lender Ia1 Borrower's rights to any insurance proceeds in an amount not to <br />exceed the amounts unpaid under the Note or this Security Ins#rument, and Ibl any other of Borrower's rights (other than the right to any <br />refund of unearned premiums paid by Borrower) under all insurance ppliciss covering the Property, insofar as such rights ors applicable to <br />the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid <br />under the Note or this Security Instrument, whether or not then due. <br />6. Qecupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the <br />execution of this Security Ins#rum8nt and shall continue to occupy the Prpperty as Borrower's principal residence for at least one year after <br />the date of occupancy, unless Lender otherwise agrees in writing, which vonsent shall not be unreasonably withheld, or unless extenuating <br />circumstances exist which are beyond Borrower's vvntrvl. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, <br />allow the Property to deteriorate ar commit waste on the Prpperty. Whether or not Borrower is residing in the Property, Borrower shall <br />maintain the Property in prdsr tp prevent the Property from deteriorating ar decreasing in value due to its condition. Unless it Is determined <br />pursuant to Section 5 that repair or restore#ian is not economically feasible, Borrower shall promptly repair the Prpperty if damaged to <br />avoid further deterioration or damage, If insurance or condemnation proceeds are paid in connection with damage to, or #hs taking of, the <br />Property, Borrower shall be responsible for repairing or teetering the Property only if Lender has released proceeds for such purposes. <br />Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is <br />completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of <br />Borrower's obligation for the completion of suvh repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect <br />the interior of the improvements on the Property. Lender shall give Borrower notice at the time of yr prior to such an interior inspection <br />specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application prpepss, Borrower or any persons or <br />entities acting at the direction of Borrower or with Borrower's knowledge pr vvnsent gave materially false, misleading, or inaccurate <br />infprmativn or statements to Lender for failed to provide Lender with material infprma#ion) in connection with the Loan, Material <br />representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal <br />residence, <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (~) Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, Ib1 there is a legal proceeding that might significantly affect Lender's <br />interest in the Property andlor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or <br />forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enfgrce laws or regulativnsl, or Icl <br />Borrower has abandoned the Prpperty, then Lender may da and pay for whatever is reasonable or approptiate to protect Lender's interest <br />in the Property and rights under this Security Instrument, including protecting and/or assessing the value pf the Property, and securing <br />andlor repairing the Property. Lender's actions van include, but are not limited to: lal paying any sums secured by a lien which has priority <br />over this Security Instrument; lbl appearing in court; and (cl paying reasonable attorneys' fees to prpteot its interest in the Property andlor <br />rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing 'the Property includes, but is not <br />limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate <br />building or other node violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this <br />Section 9, Lender does not hays to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not <br />taking any or all actions authprized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall became additional debt of Borrower secu°<~d by this Security Instrument. <br />These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice <br />from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall vpmply with all the provisions of the lease. If Borrower acquires fee ti#Is <br />to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />90. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Bcrrpwer shall pay the premiums <br />required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases tv <br />be available from the mortgage insurer that previpusly provided such insurance and Borrower was required'c~ make separately designated <br />payments toward the premiums fpr Mortgage Insurance, Borrower shall pay the premiums required tp rbtain coverage substantially <br />equivalent to the Mortgage Insurance previpusly in effect, at a cost substantially equivalent to the cost ;~~ Borrower of the Mortgage <br />Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially e~auivalent Mortgage Insurance <br />coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated {~%~yments that were due when <br />the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu <br />of Mortgage Insurance. Suvh lass reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and <br />Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender van rip longer require loss reserve <br />payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided thy ~ n insurer selected by Lender <br />NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFpRM INSTRUMENT Form 302$ 1109 <br />Page 3 of 6 <br />~~~ <br />