|
�, � ���10460�
<br />determination or certification. Borrower shall also be res�onsible for the payment of any fees imposed by the Federal
<br />Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection
<br />by Borrower.
<br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
<br />Lender's option and Borrower's expense. I.ender 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 of the Property, against any risk, hazard or liability and might provide greater or lesser coverage
<br />than was previously in effect. Bonower acknowledges that the cost ofthe insurance coverage so obtained might si�nificantly
<br />exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Sechon 5 shall
<br />become additional debt of Borrower secured by this Security Instrument. 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 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 Iznder as mortgagee and/or as an
<br />additional loss payee. Lender shall have the right to hold the policies and renewal certificates. IfLender requires, Borrower
<br />shall promptly give to Lender all receipts ofpaid premiums and renewal notices. If$orrower obtains any form of insurance
<br />coverage, not otherwise required by Lender, for damage to, or destruction o� 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 prompt nohce to the insurance carrier and Lender. Lender maymake 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 underlyuig insurance was required by Lender, shall be applied to restoration or repair ofthe Property, if
<br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration
<br />period, I.ender shall have the right to hold such insurance proceeds until I.ender has had an oppdrtumty to inspect such
<br />Property to ensure the work has been comp leted to Lender's satisfaction, provided that such inspection shall be undertaken
<br />promptly. Lender may disburse proceeds for the repairs and restoration m 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 ar earnings on such proceeds. Fees
<br />for public adjusters, or other third parties, retained by Bonower shall not be paid out ofthe insurance proceeds and shall be
<br />the sole obligation of Bonower. If the restoration or repair is not economically feasible or Lender's security would be
<br />lessened, the msurance 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 />IfBorrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related
<br />matters. IfBorrower does not respond within 30 days to a notice from Lender that the insurance carrier has offeredto 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 ifLender acquires the Properly under Section 22 or otherw�se, Borrower hereby assigns to Lender (a) Bonower's
<br />rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Securrty Instrument,
<br />and (b) any other of Borrower's rights (other than the right to any refund ofunearned premiums paid by Bonower) 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 repa�r 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 Instrument and shall continue to occupy the Properly as Borrower's principal
<br />residence for at least one yeaz after the date
<br />of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
<br />eatenuatmg circumstances exist which are beyond Borrower's control.
<br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
<br />damage or impair the Property, allow the Property to deteriorate or commrt waste
<br />on the Properiy. Whether or not Bonower is residmg in the Property, Borrower shall maintain the Properiy m order to
<br />prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determmed pursuant to
<br />Section 5 that repair or restoration is not economically feasible, Bonower shall promptly repair the Property if damaged to
<br />avoid further deterioration or damage. If insurance or condemnation proceeds are paid m connection with damage to, or the
<br />taking o� the Property, Borrower shall be responsible for repairing or restoring the Property 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 sufficient to repair or
<br />restore the Property. Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
<br />Lender or rts a�ent may make reasonable entries upon and inspections ofthe Property. If it has reasonable cause,
<br />Lender may inspect the mterior of the im rovements on the Property. Lender shall give Borrower notice at the time of or
<br />prior to such an mterior inspecrion specifying such reasonable cause.
<br />8. Borrower's Loan 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 Borrower's knowledge or consent gave
<br />materially false, misleading, or inaccurate mformation or statements to Lender (or failed t�o provide Lender with material
<br />information) in connection wrth the Loan. Material representations include, but are not limited to, representations concerning
<br />Borrower's occupancy ofthe Properly 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 mi�t significantly affect Lender's interest in the Prope� and/or rights under this Security Instrument (such
<br />as a proceedmg in znkruptcy, probate, for condemnation or forfeiture, or enforcement of a lien which may attain priority
<br />over this Securrty Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender
<br />may do and pay for whatever is reasonable or approprtate 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 mclude, but are not limited to: (a) paying any sums secured by a lien which has priorit� over
<br />this Security Instrument; (b) a�pearin� in court; and (c) payu��g reasonable attorneys' fees to protect its interest m the
<br />Property and/or rights under this Securrty Instrument, includmg rts secured position in a bankruptcy proceeding. Securing
<br />the Property includes, but is not limited to, enterin� the Properly to make re�airs, change locks, replace 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 of£ Although Lender may ta.ke 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 Lender 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 amounts shall bear interest at the Note rate from the date ofdisbursement and shall be payable,
<br />with such interest, upon notice from Lender 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 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. I� 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—Single Family—Faunie Mae/Freddie Mac LJNIFORM INSTRUMENT (M�RS)
<br />12439.CV (1/08) KI149GMAC
<br />Form 3028 1/Ol (page 9 of 8 pagesJ
<br />Creative Thinkiag, Inc.
<br />GOTO(OOObd6f2)
<br />
|