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tf 201310.000
<br /> an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be
<br /> required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however,
<br /> that interest shall 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 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 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, 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 /> payments.
<br /> Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund 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 the Property, if
<br /> any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow
<br /> 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 Borrower: (a)
<br /> agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long
<br /> as Borrower is performing such agreement; (b) 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 (c) secures from the holder of the lien an
<br /> agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that 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 estate tax verification and/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 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 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 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 /> 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 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 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 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 Borrower requesting payment.
<br /> All 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 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 Property, such policy
<br /> shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
<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 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 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 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 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 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 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 all insurance policies covering the Property, insofar as such rights are applicable to the
<br /> coverage of the Property. Lender may 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. Borrower shall occupy, establish, and use the Property as Borrower's principal residence 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 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 the 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 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 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 /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
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