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201005418
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<br />which in Lender's opinion operate to prevent the enforcement of the lien while those proceedurgs are pending, but only until such
<br />proceedings are concluded; ar (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
<br />this Security Instrument. if Lender determines that any part of the Property is subject to a lien which can attain priority over this
<br />Security Instrument, Lender may give Somower a notice identifying the lien. Within l0 days of the date otr which that nonce is
<br />given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section ~.
<br />Lender may require Borrower to pay cone-time charge for a real estate tax verification and/or reporting service used by
<br />Lender in connection with this Loan.
<br />5. Property Insarance. Borrower shall keep the improvements now existing or hereafter orecbad on the Property insured
<br />against loss by fire, hazards included within the term "extended ceverage," and any other hazards including, but not limited to,
<br />earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including
<br />deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change
<br />during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
<br />disapprove Borrower's choice, which right shall not be exercised unreasonably. Leader may require Borrows to pay, in connection
<br />with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time
<br />charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes
<br />occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any
<br />fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination
<br />resulting from an objection by Homower.
<br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option
<br />and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. 'T'herefore, such
<br />coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the ornatents of the
<br />Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
<br />acknowledges that the cost of the insurance coverage so obtained might significantly exceed the ccet of insurance that Borrower
<br />could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by
<br />this Security Instrument. These amounts shall boar 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 />All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such
<br />policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender
<br />shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Larder all
<br />receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by
<br />Lender, for damage to, or destruction oi; the Property, such policy shall include a standard mortgage clause and shall name Lender
<br />as mortgagee and/or as an additional loss payee.
<br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Tender may make proof of lass if
<br />not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not
<br />the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or
<br />repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Larder shall have
<br />the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been
<br />completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds fm
<br />the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is
<br />made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay
<br />Borrower any interest or earnings on such proceeds. Fees For public. adjusters, err other third parties, retained by Borrower shall not
<br />be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically
<br />feasible or Leader's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security
<br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the
<br />order provided for in Section 2.
<br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If
<br />Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has afforad to settle a claim, then
<br />Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender
<br />acquires the Property under Section 22 or otherwise, Harrower hereby assigns to Larder (a) Borrower's rights to arty insurance
<br />proceeds in an amount not to exc:ood the amounts unpaid under the Noto or this Security Instrument, and (b) arty other of
<br />Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) ands all insurance policies
<br />covering the Property,, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds
<br />either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then
<br />due.
<br />6. Occupancy. Borrowar shall occupy, establish, and use the Property as Borrower's principal residence within b0 days
<br />after the execution of this Security Instnrment and shall continue to occupy the Property as Borrower's principal residence for at
<br />least one year after rho date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably
<br />withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
<br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or
<br />impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the
<br />Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its
<br />condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall
<br />promptly repair the Property if darrtaged to avoid further deterioration or damage. If insurance or oondernnation proceeds are paid
<br />in connection with damage to, or the taking ot; the Property, Borrower shall be responsible far repairing or restoring the Property
<br />only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single
<br />payment or in a series of progress payments as the work t$ completed. If the insurance or condemnation proceeds are not su#Yxcient
<br />to repair or restore the Property, Borrower is not relieved of T3orrowei's obligation for the completion of such repair or reswration.
<br />Candor or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may
<br />inspect the interior of the improvements an the Property. Lender shall give Borrower notice at the time of or prior to such an
<br />interior inspection specifying such reasonable cause.
<br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loaa application process, Borrower or any
<br />persons or entities acting at the dirocdion of Borrower err with Borrower's knowledge or consent gave materially false, misleading,
<br />or inaccurate information or statements to Lender (or failed to provide Condor with material information) in conmection with the
<br />Loan. Material representations include, but are not limited ter, representations concerning Borrower's occupancy of the Property as
<br />Borrower's principal r~+sidence.
<br />NEeRAS1U--Sinpb Family-Fannlr MadFreddle Nlac UNIFORM INSTRUMENt Form 3028 1/Q1
<br />Deed of Trust-NE
<br />2006-NE (05/08) Page 4 0/ 9
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