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2oioo��24 <br />determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal <br />Emergency Mana�;ement Agettcy in connection wiih the review oFany flood zone determination resulting from an objection <br />by Borrower. <br />If Borrower fails to maintain any of the coverages described abave, Lender may obtain insurance coverage, at <br />Lender's option and E3orrower's expense. Lender is under no obligation ta purchase any particular type or amount of <br />coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrvwer's equity in tha <br />Property, or the contents ofthe Property, against any risk, hazard or liability and rnight provide greater or lesser covera�e <br />than was previously in effect. Borrower acknowledges that the cost ofthe insurance cavera�e so abtained might significantly <br />exceed the cast of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this 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 from I.,ender ta Borrower requesting <br />payment. <br />All insurance policies required by Lender and renewals of such policies shall be subject ta Lender's right ta <br />disapprove such policies, shall include a standard mortgage clause, and shall name I,ender as mortgagee and/or as an <br />additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower <br />shall promptly give to l,ender 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, ar destruction of, the Property, such policy shall include a <br />stattdard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. <br />In the event of loss,l3orrower shal l give prompt notice to the insurance carrier and Lender. Lender may make proof <br />of loss if not 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 L,ender, shall be applied to restoration or repair ofthe Property, ifi <br />the restoration or repair is ecanomically feasible and Lender's security is not lessened. Durin�; such repair and restaration <br />period, Lender shall have the right to hold such insurance proceeds until L.ettder has had an opportunity to inspect such <br />Property to ensure the work has been completed to Lender's satisfactian, provided that such inspection shall be undertaken <br />promptly. I,ender 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 writin�; or AppliCable L.aw requires interest tp be paid <br />on such insurance proceeds, I�,ender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees <br />for public adjusters, or other third parties, retained by Borrower shall not be paid aut ofthe insurance proceeds and shall be <br />the sale 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 Security Instrument, whether or not then due, <br />with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. <br />If Borrower abandons the Property, L,ender may file, negotiate and settle any available insurance claim and related <br />matters. If Borrower does not respand within 30 days to a notice from Lender that the insurance carrier has offered to settle a <br />claim, then Lender may negotiate and settle the claim. The 30-day periad will begitt when the notice is given. In either <br />event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's <br />rights to any insurance praceeds 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 af unearned premiums paid by Barrower) under all <br />insurance policies covering the Praperty, insofar as such rights are applicable to the coverage ofthe Aroperty. Lender may <br />use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note ar this Security <br />Instrument, whether or not then due. <br />G. Occupancy. Borrower shall occupy, establish, and use the Property as Bprrpwer'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 />r,esidence far at least one year after the date <br />of occupancy, unless Lender atherwise agrees in writing, which consent shall not be unreasonably withheld, or unless <br />extenuatin� circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Praperty; Inspectians. Borrower shall not destroy, <br />damage or impair the Property, allow the Aroperty to deteriorate or commit waste <br />on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Aroperty in order to <br />prevent the Property from deteriorating or decreasing in value due to its condition. Unless 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 dama�e to, or the <br />taking of, the Property, Borrower shall be responsible for repairin�; ar restoring the Property only if Lender has released <br />proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series <br />of pra�ress payments as the work is completed. Ifthe insurance or condemnation proceeds are not sufficient to repair or <br />restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restorativn. <br />Lender or its agent may make reasonable entries upon and inspections ofthe Property. If it has reasonable cause, <br />Lender may inspect the interiar of the improvements on the Property. Lender shall give Borrower notice at the time of or <br />prior to such an interior inspection specifying such reasonable cause. <br />8. Barrower's Laan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons or entities acting at the direction of Borrower or with Barrower's knawledge or consent gave <br />materially false, misleading, or inaccurate mformation or statements to I.ender (or failed to provide Lender with material <br />information) in connection w�th the Laan. Material representations include, but arc not limited tp, representations concerning <br />Borrower's occupancy ofthe Property as Borrower's principal residence. <br />9. Protectian of Lender's Interest in the Property and R�ghts Under this Security Instrument. If <br />(a) Borrower fails to perform thc covenants and agreements contained in this Security Instrument, (b) there is a legal <br />proceeding that might significantly afFect I�ender's interest in the Property and/or rights under this Security Instrumant (such <br />as a praceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority <br />aver this Securrty Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender <br />may do and pay fdr whatever is reasonable or appropriate to protect Gender's interest in the Property and rights under this <br />Security Instrument, including protecting and/or assessing the value of the 1'roperty, and securing and/or repairing the <br />Aroperty. Lender's actions can mclude, but are not limited to: (a) payin�; any sums secured by a lien which has priority over <br />this Security Instrument; (h) appearing in court; and (c) paying reasonable attorneys' fces to pratect its interest in the <br />Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing <br />the Property includes, but is not limited to, etttering the Aroperty to make repairs, change locks, replace or baard 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 off. Although i,ender may take action under this Section 9, Lender does not have to do so and is not under any <br />duty ar obligation to do so. It is agreed that L,ender incurs no liability for 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 Instrument. These amaunts shall bear interest at the Note rate from the date of disbursement and shall be payable, <br />with such interest, upon notice from I,ender to Borrower requesting payment. <br />Ifthis Security Instrument is on a leasehold, Borrower shall comply with all the provisions ofthe lease. IfBorrower <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writittg. <br />10. Mortgage Insurance. If Lender required Mortgage lnsurance 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 required by Lender ceases to be available from the mortgage insurer that previously provided such <br />NEBRASKA--$ingle Family--Fannie Mae/Freddie Mac UNIFpRM INSTRUMENT (MERS) <br />12439.CV (U08) 9U4495 <br />Fprm 3028 1/Ol (puge 4 of8puges) <br />Creative Thinking, Tnc. <br />GOTO(0012edf1) <br />�` <br />