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<br />provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
<br />Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
<br />Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
<br />Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
<br />under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
<br />Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
<br />pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
<br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
<br />Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
<br />under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
<br />estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
<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
<br />RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow
<br />account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
<br />Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law
<br />requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or
<br />earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the
<br />Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
<br />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
<br />under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
<br />amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
<br />payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
<br />Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
<br />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 to
<br />Borrower any Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
<br />to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on
<br />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
<br />Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain
<br />priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10
<br />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 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
<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.
<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 />and tracking services; or (b) a one-time charge for flood zone determination and certification services and
<br />NEBRASKA - Single Family - Fannie Ma /F eddie Mac UNIFORM
<br />INSTRUMENT Ir'/n"
<br />FORM 3028 1/01 Initials:
<br />Laser Forms Inc. #FNMA3028-MERS 5/05 Page 5 of 13
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