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g040i1"AAA <br />COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the <br />principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. <br />2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall <br />pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ( "Funds ") <br />for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; <br />(b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance <br />premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (t) any <br />sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of <br />mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds <br />in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for <br />Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time <br />to time, 12 U.S.C. § 2601 et se g. ( "RESPA "), unless another law that applies to the Funds sets a lesser amount. If <br />so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may <br />estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future <br />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, or entity <br />(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds <br />to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing <br />the escrow 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. However, Lender may require Borrower to pay a one -time charge for an <br />independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law <br />provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be <br />required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may 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, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The <br />Funds are pledged as additional security for all sums secured by this Security Instrument. <br />If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to <br />Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held <br />by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, <br />and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make <br />up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the <br />acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit <br />against the sums secured by this Security Instrument. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />paragraphs 1 and 2 shall be applied in the following order: first, to any prepayment charges due under the Note; <br />second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late <br />charges due under the Note. <br />4. Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or <br />other security agreement with a lien which has priority over this Security Instrument, including Borrower's covenants <br />to make payments when due. Any default by Borrower under any such mortgage, deed of trust or other security <br />agreement shall be a default under this Security Instrument and the Note. Borrower shall pay or cause to be paid all <br />taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over <br />this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the <br />manner provided in Paragraph 2, or, if not paid in that manner, Borrower shall pay them on time directly to the person <br />owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. <br />If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the <br />payments. <br />5. Hazard or 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 other hazards, <br />including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts <br />and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower <br />subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described <br />above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with <br />paragraph 7. <br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. <br />Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to <br />Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to <br />the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, any insurance proceeds shall be applied first to reimburse <br />Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and then, at Lender's <br />option, in such order and proportion as it may determine in its sole and absolute discretion, and regardless of any <br />impairment of security or lack thereof: (i) to the sums secured by this Security Instrument, whether or not then due, <br />and to such components thereof as Lender may determine in its sole and absolute discretion; and /or (ii) to Borrower <br />to pay the costs and expenses of necessary repairs or restoration of the Property to a condition satisfactory to Lender. <br />If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier <br />has offered to settle a claim, Lender may collect the insurance proceeds. Lender may, in its sole and absolute <br />discretion, and regardless of any impairment of security or lack thereof, use the proceeds to repair or restore the <br />Property or to pay the sums secured by this Security Instrument, whether or not then due. The 30 -day period will <br />begin when the notice is given. <br />NEBRASKA ARM PROGRAMS (REV. 03/n <br />Document systems, Inc. (800) 649 -1362 Page 2 of 7 <br />Borrower Initials <br />