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, ! <br />y a <br />I� 0 � � � � � � � <br />required to pay Borrower any interest or earnings on tha Funds. Borrower and Lender can agree in writing, however, <br />that interest shell be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the <br />Funds as required by RESPA. <br />If there is e surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the <br />excess funds in eccordence with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, <br />Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up <br />the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds <br />held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, end Borrower shall pay to <br />Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly <br />payments. <br />Upon payment in full of all sums secured by this Sacurity Instrument, Lender shall promptly refund to Borrower any <br />Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay ell taxes, assessments, charges, fines, end impositions ettributable to the <br />Proparty which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if <br />any, and Community Association Dues, Fees, and Assessments, if any. To the extent thet these items are Escrow <br />Items, Borrower shall pay them in the mannar provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligetion secured by the lien in e menner acceptable to Lender, but only so long <br />as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends egeinst enforcement of the <br />lien in, legal proceedings which in Lender's opinion operate tq- prevent the enforqement of the lien while those <br />proceedings are pending, but only until such proceedings ara concluded; or lc) secures from the holder of the Ifen an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determfnas thet any part <br />of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or <br />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 estata tax verification and/or reporting service <br />used by Lender in connection with this Loan. <br />5. Property Insurance. Borrower shell keep the improvements now existing or hereafter eracted on the Property <br />insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but <br />not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be mainteined in the <br />amounts (including deductible Ievels) and for the periods that Lender requires. What Lender requires pursuant to the <br />preceding sentences cen change during the term of the Loan. The insurance carrier providing the insurance shall be <br />chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised <br />unreasonebly. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood <br />zone determination, certification and tracking services; or (b) a one-time charge for fiood zone determination and <br />certification services and subsequent charges each time remappings or similar changes occur which reasonably might <br />affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by <br />the Federel Emergency Management Agency in connection with the review of any flood zone determination resulting <br />from an objection 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. Lender 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 <br />the Property, or the contents of the Property, against any risk, haaard or liability and might provide greater or lesser <br />coverege than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained <br />might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender <br />under this Saction 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts <br />shall bear interest et the Note rate from the date of disbursement and shall be payeble, with such interest, upon notice <br />from Lender to Borrower requesting payment. <br />All insurance policies required by Lender and tenewals of such policies shall ,be sWbjeot to, Lendar's right to <br />disapprove such policies; shall include a standerd mortgage clause, and shell name Lender as mortgagee and/or as an <br />add(tional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, <br />Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form <br />of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Proparty, such policy <br />shall include a standard mortgage clause end shall name Lender as mortgagee and/or as an additional loss payae. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make <br />proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise egree in writing, any insurance <br />proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of <br />the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such <br />repair and restoration period, Lender shell have the right to hold such insurance proceeds until Lender has had an <br />opportunity to inspect such Property to ensure the work has been completed to Lender's setisfection, provided that <br />such inspection shall be undertaken promptly. Lender may disbursa proceeds for the repairs end restoretion in a single <br />payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or <br />Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower <br />any interest or earnings on such proceads. Fees for public adjusters, or othec third parties, reteined by Borrower shail <br />not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not <br />economically feasible or Lender's security would be lassened, the insurance proceeds shall be applied to the sums <br />secured by this Security Instrument, whether or not then due, with the excess, if any, peid to Borrower. Such <br />insurance proceeds shall be applied in the ordar provided for in Section 2. <br />If Borrowar abandons the Property, Lender may file, negotiate and settle any available insurance claim and releted <br />matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to <br />settle a claim, then Lender may negotiate and settle the ciaim. The 30-day period will begin when the notice is given. <br />In either evant, or if Lender acquires the Property under Section 22 or otherwisa, Borrower hereby assigns to Lender (a) <br />Borrower's rights to any insurance proceads in en emount not to exceed the amounts unpaid under the Note or this <br />Security Instrument, and (b) any other of Borrowar's rights (other than the right to any refund of unearned premiums <br />peid by Borrower) under all insurance policies covering the Proparty, insofar as such rights are applicable to the <br />coverege of the Property. Lender may use the insurance proceeds eithar to repair or restore the Property or to pay <br />emounts unpaid under the Note or this Security Instrument, whether or not then due. <br />6. Occupertcy. Borrower shall occupy,�esteblish, and usathe,Rro.perty a& Borrower's prinCipal residapce within 60 <br />days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal <br />residence for at least one year after the date of occupancy, unless Lender otharwise agrees in writing, which consent <br />shall not be unreasonably 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 <br />residing in the Property, Borrower shall maintein the Property in order to prevent the Property from deteriorating or <br />decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repeir or restoration is not <br />economically feasible, Borrower shall promptly repair the Property if demaged to avoid further deterioration or damage. <br />If insurance or condemnat(on proceeds are paid in connection with damage to, or the taking of, the Property, Borrower <br />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 peyments as <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Page 3 of 7 <br />Form 3028 1/01 <br />. <br />