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201308156 <br /> The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality, <br /> or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home <br /> Loan Bank. 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 holding and applying the Funds,annually analyzing the escrow account,or <br /> verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits <br /> Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be <br /> paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower <br /> and Lender can agree in writing,however,that interest shall be paid on the Funds. Lender shall give to Borrower, <br /> without charge,an annual accounting of the 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 <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 shall notify 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 shall notify Borrower as required by <br /> RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with <br /> RESPA,but in no more than 12 monthly payments. <br /> Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to <br /> Borrower any Funds held by Lender. <br /> 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions <br /> attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground <br /> rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any. To the extent that <br /> these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. <br /> Borrower shall promptly discharge any lien which has priority 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 performing such agreement;(b)contests the lien in good faith by,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 are pending,but only until such proceedings are concluded;or <br /> (c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security <br /> Instrument. If Lender determines that any part of the Property 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 require Borrower to pay a one-time charge for a real estate tax verification and/or reporting <br /> service used by Lender in connection with this Loan. <br /> 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the <br /> Property insured against loss by fire, hazards included within the term"extended coverage," and any other <br /> hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This <br /> insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender <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 Loan,either: (a)a one-time charge for flood zone determination,certification and tracking <br /> services;or(b)a one-time charge for flood zone determination and certification services 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 the payment of any fees imposed by the Federal Emergency Management <br /> Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. <br /> If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance <br /> coverage,at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular <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 contents of the Property,against any risk,hazard or liability <br /> and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges 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 amounts shall bear interest at the Note rate from the date of <br /> disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. <br /> All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right <br /> to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee and/or <br /> as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender <br /> requires,Borrower shall promptly give to Lender all receipts of paid 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 event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may <br /> make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, <br /> any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be applied to <br /> restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is <br /> not lessened. During such repair and restoration period,Lender shall have the right to hold such insurance <br /> proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br /> Lender's satisfaction,provided that such inspection shall be undertaken promptly. 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 or Applicable Law requires interest to be paid on such insurance <br /> proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public <br /> adjusters,or other third parties,retained by Borrower shall not be paid out of the insurance proceeds and shall be <br /> the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security <br /> would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument, <br /> whether or not then due,with the excess,if any,paid to Borrower. 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 respond within 30 days to a notice 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 /> NEBRASKA--Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT(MERS) Form 3028 1/01 (page 4 of 9 pages) <br /> 12439 CV(9/11) 6899638340 Creative Thinking,Inc. <br /> GOTO(004d5201) <br />