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20150583 <br />without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the <br />future. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower <br />from making payments due under the Agreement and this Security Instrument or performing the covenants and <br />agreements secured by this Security Instrument. <br />2. Application of Payments or Proceeds. All payments accepted by Lender shall be applied to the Secured <br />Debt under this Security Instrument as provided in the Agreement unless Applicable Law provides otherwise. Any <br />application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Agreement shall <br />not extend or postpone the due date, or change the amount, of the Minimum Payment. <br />3. Funds for Escrow items. Borrower shall not be required to pay into escrow amounts due for taxes, <br />assessments, leasehold payments, or other insurance premiums unless otherwise agreed in a separate writing. <br />4. Charges; Liens; Prior Security Interests. Borrower shall pay all taxes, assessments, charges, fines, and <br />impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments <br />or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the <br />extent that these items are Escrow Items, Borrower shall pay them in a manner provided in Section 3. <br />Borrower shall promptly discharge any lien, other than the Approved Prior Loan, which has priority over this <br />Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a <br />manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good <br />faith by, or 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 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 this <br />Security Instrument, other than the Approved Prior Loan, 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 of the <br />actions set forth in this Section. <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 the Agreement. Borrower shall pay when due, or shall cause to be paid when due, <br />all sums required under the loan documents evidencing the Approved Prior Loan and shall perform or cause to be <br />performed all of the covenants and agreements of Borrower or the obligor set forth in such loan documents. All of <br />Lender' s rights under this Covenant shall be subject to the rights of the Holder of the Approved Prior 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 hazards <br />including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be <br />maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender <br />requires pursuant to the preceding sentences can change during the term of the Agreement. The insurance carrier <br />providing the insurance shall be chosen by Borrower subject to Lender' s right to disapprove Borrower' s choice, which <br />right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: <br />(a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for <br />flood zone determination and certification services and subsequent charges each time remappings or similar changes <br />occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the <br />payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any <br />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 coverage, at <br />Lender' s option and Borrower' s expense. Lender is under no obligation to purchase any particular type or amount <br />of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower' s <br />equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater <br />or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so <br />obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed <br />by Lender under this Section shall become additional Secured Debt of Borrower and secured by this Security <br />Instrument. These amounts shall bear interest at the Agreement rate from, the date of disbursement and shall be <br />DEBORAH D SCHWEITZ/995151831527470 <br />NEBRASKA HOME EQUITY LINE OF CREDIT DEED OF TRUST <br />© 2008 DOCMAGIC, INC. <br />NEHESI.BOA 06/04/13 Page 4 of 13 <br />