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NEBRASKA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />' 338.25 Page 5 of 14 <br />20100095 <br />451407745 <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to <br />apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can <br />require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and <br />reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable <br />Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, <br />instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in <br />any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time <br />specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually <br />analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the <br />Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or <br />Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any <br />interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be <br />paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as <br />required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to <br />Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as <br />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 shortage in accordance with RESPA, but in no more than 12 <br />monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall <br />notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up <br />the deficiency in accordance with 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 <br />to 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 <br />ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To <br />the extent that 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 <br />the enforcement of the lien while those proceedings are pending, but only until such proceedings are <br />concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the <br />lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which <br />can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. <br />Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more <br />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 <br />reporting service used by Lender in connection with this Loan. <br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on <br />the Property insured against loss by fire, hazards included within the term "extended coverage," and any <br />other 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. <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to <br />disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower <br />to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification <br />Form 30281/01 <br />