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� <� <br />� � 2C�12U564� <br />required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing; however, <br />that interest shall ba paid on the Funds. Lendar sha(I give to Borrower, without charge, an annual accounting of the <br />Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, es 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 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, Lander 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 Security lnstrument, Lender shall promptly rafund to Borrower any <br />Funds held by Lender. <br />4. Charges; Liens. Borrower shall 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 tha Property, if <br />any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow <br />Items, Borrower sha11 pay them in the manner provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority over this SecurityJnstrument unless Borrower: (a1 <br />agrees in writing to the payment of the obligation secured by the lien in a menner acceptable to Lender, but only so long <br />as Borrower is performing such agreement; (b1 contests the lien in good faith by, or defends against enforcement of the <br />lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those <br />proceedings are pending, but only until such proceedings are concluded; or lc) secures from the holder ot the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part <br />of ihe 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 estate tax verification and/or reporting service <br />used by Lender in connection with this Loan. <br />5. Property lnsurance. Borrowar shall kaep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards inciuded within the term "extended coverege," 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 levels) and for the periods that Lender requires. What Lender requires pursuant to the <br />preceding sentences can change during the term of the Loen. 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 />unreasonably. Lender may require Borrower to pay, in connection with this Loan, aither: (a) a ona-tima charge for flood <br />zone determination, certification and tracking services; or (b) a on�-time cherge for flood zone determinafion 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 6e responsible for the payment of any feas 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, et <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, hazard or liability and might provide greater or lesser <br />coverage 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 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 <br />from Lender to Borrowar requesting payment. <br />AII 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 Lender as mortgagee and/or as an <br />additional loss payee. Lender shall hava tha 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 Property, such policy <br />shall include a standard mortgage clause and shall name Lender as mortgagee and(or as an additional loss payea. <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 agree 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 shall have the right to hofd such insurance proceeds until Lender has had an <br />opportuniry 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 payments as the work 'ss completed. Unless an agreement is made in writing qr <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 proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall <br />not be paid out of the insurance proceeds and shall be tha 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 Sacurity Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such <br />insurance proceeds shall be applied 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 related <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 claim. The 30-day period will begin whan 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 />Securiry Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums <br />paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the <br />coveraga of tha Proparty. Lander may use the insurance proceeds either to repair or rastore the Property or to pay <br />amounts unpaid under the Note or this Security Instrument, whether or not then due. <br />6. Occupancy. Borrower shalf occupy, establish,'and use tNe Property as Borrow9r's principal residence within 60 <br />days after the execution of this Security lnstrumant 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 otherwise agrees in writing, which consent <br />shafl not be unreasonably withheld, or uniess extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property: lnspectiotts. 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 maintain the Propeny in order to prevent the Propeny from deteriorating or <br />decreasing in value due to its condition. Unless it is determined pursuant 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 insurance or condemnation proceeds are paid in connection with damage to, or ihe 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 payments as <br />IVEBRASKA-Single Family-Fannie MaeiFreddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 3 of 7 <br />