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, �� � ��� � <br />20110058G <br />for which Lender 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 to the preceding sentences can change during the term of the Loan. The insurance <br />carrier 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 unreaso�ably. Lender may require Borrower to pay, i� connection with this Loan, either: (a) a one-time charge for flood zone <br />determination, certification and tracking services; or lb) a one-time charge for flood zone determination 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 responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with <br />the review of any flood zone determination resulting 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 not protect Borrower, Borrower's equity in the Property, or the contents of the Property, 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 Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to <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 and/or as an additional loss payee. Lender shall have Yhe <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, for damage to, or destruction <br />of, the Property, such poficy shali include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss <br />payee. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not <br />made promptfy by 8orrower. Uniess Lender and Borrower otherwise agree in writing, any insurance proceeds, 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 such Property to ensure the work has been completed to Lender's <br />satisfaction, 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 to be paid on such insurance proceeds, Lender shal! not be required to pay Borrower any interest or earnings on such <br />proceeds. Fees 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 obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security wouid 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. Such insurance proceeds shall be applied in the orderprovided 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 trom 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 notice is given. 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 Yhe Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any <br />refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are 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. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the <br />execution of this Security Instrument and shali continue to occupy the Property 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 Borrower's control. <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 or cpmmit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall <br />maintain the Property in order to prevent the Property from deteriorating ot decreasing in value due to its cohdition. Unless it is determined <br />pursuant to Section 5 that repair or restoration is not economical�y feasible, Borrower shall promptly repair the Property if damaged to <br />avoid further deterioration or damage. �f insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the <br />Property, Borrower shall be responsible for repairing or restoring 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 such 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 ot or 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 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 />information 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 Borrower's principal <br />residence. <br />9: Protection of Lender's Interest in the Property and Rights" Under this Security Instrument. If (a) Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, Ib) there is a legal proceeding that might significantiy affect Lender's <br />interest in the Property and/or 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 enforce laws or regulations}, or (c) <br />Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's 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. Lender's actions can include, but are not iimited to: ia) paying any sums secured by a lien which has priority <br />over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or <br />rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property inc�udes, 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 code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this <br />Section 9, Lender does not have 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 ail actions authorized under ihis Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. <br />These amounts shaU bear interest at the Note rate from the date of disbursement and slialf 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 comply with alI 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 merger in writing. <br />10. Mortgage tnsurance. If Lender required Mortgage lnsurance as a condition ot making the Loan, Borrower 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 to <br />be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated <br />payments toward the premiums tor Mortgage Insurance, Borrower 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 Borrower 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 available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when <br />the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundabie loss reserve in lieu <br />of Mortgage Insurance. Such loss 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 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 />again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT /�!� ''_" Form 3028 1/01 <br />Page 3 of 6 <br />l� <br />