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20120�553 <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instnimentality, <br />or enrity (including Lender, if Lender is an institution whose deposits are so u�sured) or in any Federal Home <br />Loan Banlc. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. <br />Lender shall not charge Borrower for hold�g and applying the Funds, annually analyzing the escrow account, or <br />verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Agplicable Law permits <br />Lender to make such a chatge. Unless an agreement is made in writing or Applicable Law requires interest to be <br />paid an the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower <br />and Lender can agree in writaig, however, that rnterest shall bepaid an the Funds. Lender shall give to Borrower, <br />without charge, an annual accounting of the Funcls as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower <br />for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under <br />RESPA, Lender sha11 noNfy Borrower as required by RESPA, and Borrower shall pay to Lender the amount <br />necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there <br />is a deficiency of Funds held in escrow, as defined under RESPA, Lender shali notify Borrower as required by <br />RESPA, and Borrower shall pay to Lender the amouat necessary to make up the deficiency in accordance with <br />RESPA, but im no more thar► 12 monthly payments. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall prompfly refund to <br />Borrower any Funds held by Lender. <br />4. Charges; Lfens. Borrower shall pay atl taxes, assessments, charges, fines, and irnpositions <br />attnbutable to the Properiy which can attain priority over this Security Iustrument, leasehold payments or ground <br />rents on the Property, if any, and Gammunity Assoc9ation Dues, Fees, and Assessments, if any. To the extent that <br />these items are Escrow Items, Borrower shall pay them in the manner �rovided in Secrion 3. <br />Borrower shall promptly discharge any lien which has prionty over this Security Instrument unless <br />Borrower: {a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to <br />Lender, but only so long as Borrower is perforrning such agreement; (b) contests the lien in good faith hy, or <br />defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the <br />enforcement of the lien while those proceedings aze pend'u�g, but only until such proceedings are concluded; or <br />(c) secures from the holder of the lien an agreement sahsfactory to Lender subordmating the lien to this Security <br />Instrument. If Lender determines that any part of the Properiy is subject to a lien which can attain priority over <br />this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on <br />which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this <br />Section 4. <br />Lender may re�uire Borrower to pay a one-time charge for a real estate tax verification and/or reporting <br />service used by Lender �n connection with this Loan. <br />5. Property Insurance. Borrower shall keep the impravements now existing or hereafter erected o�► the <br />Property insured againsC loss by fire, hazards included within the term "extended coverage," and any other <br />hazards including, but not limited to, earthquakes and floads, for which Lender requires insurance. This <br />insurance shall be maintained in the amounts (including deduchble levels} and for the periods that Lendar <br />requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The <br />insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove <br />Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in <br />connection with this I.oan, either: (a) a one-time eharge for flood zone determination, certifieation and tracking <br />services; or (b} a one-time charge for flood zone deternunation and certification servicas and subsequent charges <br />each time remappings or similar changes occur which reasonably might affect such determination or certification. <br />Borrower shall also be responsible for ihe payment of any fees imposed by the Federal Emergency Management <br />Agency in connection with the review of any flood �ne determination resulting from an objection by Borrower. <br />If Borrower fails to maintain any af the eoverages described above, Lender may obtain insurance <br />coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particulaz <br />type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect <br />Borrower, Borrower's equity in the Property, or the conterrts of the Property, against any risk, hazard or liability <br />and might provide greater or lesser coverage than was previously in effect. Borrower aclmowledges that the cost <br />of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have <br />obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower <br />secured by this Security Instrument. These arnounts shall beaz interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrowerrequestirig payment. <br />All insurance policies requued by Lend� and zenewals of such policies shall be subject to Lender's nght <br />ta disapprove such policies, shall include a standard martgage clause, and shall name Lender as martgagee and/or <br />as an addirional loss payee. Lender shalt have the rightto hold the policies and renewal certificates. If Lender <br />requires, Borrower shall promptly give to Lender all receipts ofpaid premiums and renewal notices. If Borrower <br />obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the <br />Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an <br />additional loss payee. <br />In the evant of loss, Borrawer shall give prornpt notice to the insurance carrier and Lender. Lander may <br />make proof of Ioss if not made promptly by Borrower. Unless Lender and Bonower otherwise a ee in writing, <br />any insurance proceeds, whether or not the underlying insurance was required by Lender, shal�be applied to <br />restoration or repair of the Property, if �e restoration orrepair is economically feasible and Lender's security is <br />not lessened. Dut7ng such repair and restoration period, Lender shall have the right to hold such insurance <br />proceeds until Lender has had an opporiunity to inspect such Properiy to ensurethe work has been completed to <br />Lender's satisfaction, provided that such inspecrion shall be undertaken promptiy. Lender may disburse proceeds <br />for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. <br />Unless an agreement is made in writing ar Applicable J.aw requires interest to be paid on such insurance <br />proceeds, Lender shall not be required to pay Borrower any interest or eamings on such proceeds. Fees for public <br />adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance prceeeds and shall be <br />the sole obligarion of Borrower. If the restorarion or repau is not econornically feasible or Lender's security <br />woutd be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or nat then due, with the excess, if any, paid to Barrower. Such insurance proceeds shall be applied in <br />the order provided for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim <br />and related matters. If Borrower does not respoad within 30 days to a norice from Lender that the insurance <br />carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin <br />NEBRASICA—Single Family—Fannie Mae/Freddie Mac UNIFORM IN3TTiYlMENT (MER3} Form 3028 1/Ol (page 4 of 9 pagesJ <br />12439.CV (9/11y A300102769 CreaHve Thinldng, InC. <br />GOTO(003ft103b) <br />