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�� � ��' � �''� 201100349 <br />that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance <br />carrier providing the insurance shall be chosen by Bprrpwer subject to Lender's right to disapprove Borrower's choice, which right shall not <br />be exercised unreasona�ly. Lender may require Borrower to pay, in connection with this Loan, either: la) a one-time charge for flood zone <br />determination, certification and tracking services; or (b1 a one-time cherge for flood zone de[ermination and certification services and <br />subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. <br />Borrower shall also be responsi6le for the payment of any fees imposed by tha �ederal Emergency Management Agency in connection with <br />the review of any flood zone determination rasulting from an abjection by Borrower. <br />If Borrower fails ta maintain eny of the coverages described above, Lender may obtain insurance coverage, at Lender's option and <br />8orrower's expense. Lender is under no obligation to purchase any particular type nr amount of coverage. Therefora, such coverege shall <br />cover Lender, hut might or might not protect eorrower, 8orrower's equity in the Property, or the contents of the Prnperty, against any risk, <br />hazard or liability and might provide greater or lesser coverage than was previously in effect. 8orrower acknowledges that ihe 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 Lendar under this Section 5 shail become additional debt of Borrowar sacured by this Security Instrument. These amounts <br />shall bear interest at tf�e Note rate from. the date of disbursement and shall 6e payable, with such interest, upon notica from Lender to <br />Borrower requesting payment. <br />All insuranca policies required by Lender and renewals of such policies shall he su6ject to Lender's right to disapprove such palicias, <br />shall include a standard mortgage clause, and shall name l.ender as mortgagae and/or es 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 l.ender all recaipts of paid premiums <br />and renewal notices. If Borrower obtains any form pf insurance coverage, not o[herwise required by Lender, for damage to, or destruction <br />of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss <br />payee. <br />In the evsnt of loss, Borrower shall give prompt notice ta thp 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 proceeds, whether or not the <br />undarlying insurance was required by Lender, shall be applied to rastoration or repair of the Property, if the restoration or repair is <br />econpmically feasible and Lender's security is nat lessenad. During such repair and restoration period, Lender shall have the right to hold <br />such insurence prnceeds until Lender has had an oppvrtunity tv inspect such Property to ensure the work has been completed to l.ender's <br />satisfaction, provided that such inspection shall bs undertaken promptly. Lender may disburse proceeds far tha rapairs and restoration in a <br />single payment or in a series of prograss paymenis as the work is completed. Unless an agreement is made in writing or Applicable Law <br />requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />proceeds. �ees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall <br />be the sole obligativn of 8orrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the <br />insuranpe proceeds shall be applied to the sums secured by this Security Instrumsnt, whether or not then due, with the excess, if any, paid <br />to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiata and settle any available insurance claim and related matters. If <br />8nrrpwer does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may <br />negotiate and settle the claim. The 30-day period will begin when the notica is givan. In either event, or if Lender acquires the Property <br />under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to <br />exceed the amounts unpaid under the Nota or this Sacurity Instrument, and (b) any other of Borrower's rights (other than the right to any <br />refund of unearned premiums paid 6y 8orrower) under all insurance policies covering the Property, insofar as such rights are applicable to <br />the coverage of the I'roperty. Lender may use the insurance proceeds either to repair or restore the Property ar tp pay amounts unpaid <br />under the Note or this Security Instrument, whether ar not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the <br />axecution of this Security Instrument and shall continue to occupy the Proparty as Borrower's principal residence for at least one year after <br />the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating <br />circumstances exist which.are beyond 8orrqwer's control. , , _ <br />7. Preservation, Maintenance and Protec#ion of the Property; Inspections. Borrower shall not destroy, damage or impair the Prbperty, <br />allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Prnperty, Borrower shall <br />maintain the Property in order to prevent the Property from deteriorating or decreasing in value due ta its condition. Unless it is determined <br />pursuant to 5ection 5 that repair or restoration is not economically feasible, Borrower shall prpmptly repair the Property if damaged to <br />avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connactian with damage to, or the taking of, the <br />Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has relea5ed proceeds for such purposes. <br />Lender may disburse proceeds for the repairs and restoration in a single payment or in a series af prpgress payments as the work is <br />completed. If the insurence or condemnatian proceeds are not sufficient to rapsir or res#ore the Property, Borrower is not relieved af <br />Borrower's obligation for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspactions 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 or prior to such an interior inspec#ion <br />specifying such reasonable cause. <br />8. Borrawer's Loan Application. Borrower shall be in default if, during the Loan applicatipn process, Borrower or any persons or <br />entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate <br />infnrmation or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material <br />representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as 8arrower's principal <br />residence. <br />9. Protection of Lender's Interest in the PropQrky and Rights Under this Security Instrument. If (a) Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's <br />interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condamnation or <br />fprfeiture, for enforcement of a lien which may attain priority ovar this Security Instrument or to enforce laws or regulations), or (c) <br />Borrower has a6andoned the Property, then Lender may do and pay fnr whatever is reasonable or appropriate to protect lender'5 interest <br />in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing <br />and/or repairing the Property. Lander's actions can include, but are not limited to: (a) paying any sums sacured 6y a lien which has priority <br />over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees #o protect its interest in the Property and/or <br />rights under this Security Instrument, including its secured positian in a bankruptcy proceeding. Securing the Property includes, but is nat <br />limited to, entering the Property to make repairs, change Ipcks, replace or board up doors and windows, drain water frpm pipes, eliminete <br />building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lsnder may take action under this <br />5ection 9, Lender doss not havp 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 authorized under this Section 9. <br />Any amounts disbursed by Landar under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. <br />'Thase amaunts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice <br />fram Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title <br />to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the mergar in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Bprrower shall pay the premiums <br />required to maintain the Mqrtgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to <br />be available from the mortgage insurer that previous�y provided such inaurance and Borrower was required to make separately designated <br />payments toward the premiums for Mortgaga Insurance, Bnrrnwer shall pay the premiums required to obtain coverage substantially <br />equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrawer of the Mortgage <br />Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance <br />coverage is not availabla, Bnrrpwer shall continue to pay to Lender the amount of the separately designated payments that were due when <br />ths insurance coverage ceased to be in effect. Lender will accapt, use and retain these payments as a non-refundable loss reserve in lieu <br />of Mortgage Insurance. Such loss reserve shall �e non-refundeble, nntwithstanding 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 can no longer require loss reserve <br />payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender <br />�gain becnmes available, is obtained, and l.ender requires separately designated payments toward the premiums for Mortgage Insurence. If <br />Lender required Mortgage Insurance as a conditipn of making the Loan and Borrower was required to make separatsly designated <br />NEBRASKA-Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 3 of 6 <br />� <br />