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2o~oosss2 <br />determination or certification. Borrower shall also be responsible fvr the payment of any fees imposed by the Federal <br />1Jmergency Management Agency in connection with the review of any flood zone determination resulting from an objection <br />by Borrower. <br />If Borrower fails tv maintain any of the coverages described above, Lender may obtain insurance coverage, at <br />Lender'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 Borrower, Borrower's equity in the <br />Property, or the contents ofthe Property, against any risk, hazard or liability and might provide greater or lesser coverage <br />than was previously in efT'ect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly <br />exceed the cost ofinsurance that Borrower could have obtained. Any amounts disbursed by Lenderunderthis Section 5 shall <br />become additional debt of Borrower secured by this Security Instrument. These amounts shat l 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 required 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 and/or as an <br />additional loss payee. Lender shall have the right to hold the policies and renewal certiticates. If Lender requires, Borrower <br />shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance <br />coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a <br />standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. <br />In the event of loss, Borrower shall give prom t nvtice to the insurance carrier and Lender. Lender may make proof <br />of loss ifnot made promptly by Borrower. Unless Lender and Borrower 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 of the Property, if <br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration <br />period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportuinity to inspect such <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />prompt y. Lender may disburse proceeds for the repairs and restoration in 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. bees <br />for public adjusters, or other third parties, retained by Borrower shall not be paid out ofthe 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 he <br />lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, <br />with the excess, if any, paid to Borrower. Such insurance roceeds shall be applied m the order provided for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related <br />matters. If Borrower dues not respond within 30 days to a nvtice from Lender that the insurance carrier has offered io settle a <br />claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either <br />event, or 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 oat to exceed the amounts unpaid under the Nvte or this Security Instrument, <br />and (b) any other of Borrower's rights (other than the right to any tefitnd of unearned premiums paid by Borrower) under all <br />insurance policies covering the Property, insofar as such rights are applicable to the coverage ofthe Property. Lender may <br />use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security <br />Instrument, whether or 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 lnstrument and shall continue to occupy the Property as Borrower's principal <br />residence for at least one year alter 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; lnspections. Borrower shall not destroy, <br />damage or impair the Property, allow the Property to deteriorate or commit waste <br />on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to <br />prevent the Property from deteriorating or decreasing m value due to rts condition. LJnless it is determined pursuant to <br />Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to <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 for repairing oT restoring the Properly only if Lender has released <br />proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration m a single payment or in a series <br />of progress payments as the work is completed. if the insurance or condemnation proceeds are not sutlicient to repair or <br />restore the Property. Borrower is not relieved of Borrower's obligation fvr the completion of such repair or restoration. <br />Lender or rts agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />Lender may inspect the interior of the im rovements on the Property. Lender shall give Borrower notice at the time of yr <br />prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default it; during the Loan application process, <br />Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave <br />materially false, misleading, or inaccurate information or statements to Lender (or failed to rovidc Lender with material <br />information) in connection with the Loan. Material representations include, but are not limited to, represeniationseoncerning <br />Borrower's occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower 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 and/or rights under this Security Instrument (such <br />as a proceeding in bankruptcy, probate, for condemnation or forteiturc, for enforcement ofa lien which. may attain priority <br />over this Security lnstrument or tv enforce laws or regulations), yr (c) Borrower has abandoned the Property, 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 Instrument, 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 lnstrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the <br />Property and/or rights under this Security Instrument, including rts secured position in a bankruptcy proceeding. Securing <br />the Property includes, but is not limited to, entering the Property to make repairs, change locks, re ..lace or board up doors <br />and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities <br />turned on or oil: Although Lender 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 bender incurs no liability fvr not taking any or all actions authorized under this <br />Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this <br />Security lnstrument. These amounts shall bear interest at the Note rate frvm the date of disbursement and shall he payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security lnstrument is on a leasehold, Borrower shall comply with all the provisions ofthe lease. If Borrower <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If; for any reason, the Mortgage <br />Insurance coverage regwred by Lender ceases to be available from the mortgage insurer that previously provided such <br />NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT' (MF,RS) Form 3028 1/Ot (page 4 gf8pages) <br />iz439.CV (1U07) 6898920140 Creative'1'hinWng, Inc. <br />GOTO(U02988I0) <br />