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. ..� � 20i201345 <br />r, .. , <br />required to pey Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, <br />that lnterest shall be paid on the Funds. Lender shall give to Borrower, without cherge, an annual accounting of 4he <br />Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the <br />excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, <br />Lender shall notify �rrower as required by RESPA, end 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, and 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 />peyments. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any <br />Funda held by Lender. <br />4. Charges; Liens. Borrower shell pay all taxes, assessments, charges, fines, and impositions attributable to the <br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if <br />any, and Community Association Dues, Feas, and Assessments, if any. To the extent that these items are Escrow <br />Items, Borrower shall pey them in the manner 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 obligation secured by the lien in a manner accepteble to Lender, but only so long <br />as Borrower is parforming such agreement; Ib) contests the lien in good faith by, or defends against enforcement of the <br />lien in, legal proceedings which in Lender's opinion operete to prevent the enforcement of the lien while those <br />proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien en <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines 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 dete 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 estate tax verification end/or reporting service <br />used by Lender in connection with this Loan. <br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured agalnst 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 maintained in the <br />amounts (including deductible Ievels) and for the periods that Lender requires. What Lender requires pursuant to the <br />preceding sentences can change during the term of the Loan. The insurance carrier providing the insurence shell be <br />chosen by Borrower subject to Lender's right to disepprove Borrower's choice, which right shall not be exercised <br />unreasonably. 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 flood zone determination and <br />certification services and subsequent cherges each time remappings or similar changes occur which reasonably might <br />affect such determination or certification. Borrower shall elso be responsible for the payment of any fees imposed by <br />the Federal 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 coverege shall caver Lender, but might or might not protect Borrower, Borrower's equity in <br />the Property, or the contents of the Property, ageinst any risk, hazerd or liability and might provide greater or lesser <br />coverage then was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obteined <br />might significantly exceed the cost of insuranca that Borrower could have obtained. Any amounts disbursed by Lender <br />under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts <br />shell bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice <br />from Lender to Borrower requestino payment. <br />All insurence 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 shell name Lender as mortgegae and/or as an <br />additional 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 renewel notices. If Borrower obteins any form <br />of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy <br />shall include a standard mortgage clause and shall name Lender es mortgagee and/or es an additional loss payee. <br />In the event of loss, Borrower shali giva prompt notice to the insurance carrier end Lender. Lender may make <br />proof of loss if not made promptly by Borrower. Unless Lender end Borrower otherwise agree in writing, any insurance <br />proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoretion or repair of <br />the Property, if the restoration or repair is economically feasible end Lender's security is not lessened. During such <br />repair and restoration period, Lender shall 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 satisfaction, provided that <br />such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single <br />payment or in a series of progress paymants as the work is completed. Unless en agreement is mede in writing or <br />Applicabie Law requires interest to be paid on such insurence proceeds, Lender shall not be raquired to pay Borrower <br />any interest or earnings on such proceeds. Fees for public adjusters, orother third perties, retained by Borrower shall <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 lessened, 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, paid to Borrower. Such <br />insurance proceeds shall be epplied in the order provided for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and releted <br />matters. If Borrower does not raspond within 30 days to a notice from Lender that the insurance carrier has offered to <br />settle a cleim, then Lender may negotiate and settle the cleim. The 30-day period will begin when the notice is given. <br />In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) <br />Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this <br />Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums <br />paid by Borrower) under efl insurance policies covering the Property, insofar as such rights are applicable to the <br />coverage of the Property. Lender mey use the insurance proceeds either to repair or restore the Property or to pay <br />amounts unpaid under the Note or this Security Instrument, whether or not then due. <br />"" 6. �Occupancy. 8orroWer shall occupy; establisN,'and use ffie Property es Borrower's principai `residenca within 6U <br />days after the execution of this Security Instrument end shell continue to occupy the Property es Borrower's principal <br />residence for at least one year after the date of occupancy, unless Lender otherwise 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 tha Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or <br />decreasing in value due to its condition. Unless it is determined pursuent to Section 5 that repair or restoration is not <br />economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. <br />If insurence or condemnation proceeds are peid 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 disbursa 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 Form 3028 1/01 <br />Page 3 of 7 <br />�� <br />� <br />��� <br />U <br />