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201101313 <br />DOC ID #: 00022804885502011 <br />which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such <br />proceedings are concluded; or (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 Borrower a notice identifying the lien. Within 10 days of the date on which that notice is <br />given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. <br />Lender may require Borrower to pay a one -time charge for a real estate tax verification and /or reporting service used by <br />Lender in connection with this Loan. <br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured <br />against loss by fire, hazards included within the term "extended coverage," 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. Lender may require Borrower 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 Borrower. <br />If Borrower falls 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. Therefore, such <br />coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents 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 cost 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 bear 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 Lenders 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 Lender 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 of, 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. Lender may make proof of loss 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, Lender 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 Lenders satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for <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, or 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 Lender'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 offered 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, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance <br />proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of <br />Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under 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. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days <br />after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at <br />least one year after the 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 5 that repair or restoration is not economically feasible, Borrower shall <br />promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid <br />in connection with damage to, or the taking of, the Property, Borrower shall be responsible for 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 is completed. If the insurance or condemnation proceeds are not sufficient <br />to repair or restore the Property, Borrower is not relieved of 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 <br />inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an <br />interior inspection specifying such reasonable cause. <br />S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any <br />persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, <br />or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the <br />Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as <br />Borrower's principal residence. <br />NEBRASKA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Deed of Trust -NE <br />2006 - -NE (05108), Page 4 of 9 <br />R. AA. A, <br />