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202306441
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12/11/2023 3:37:12 PM
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12/11/2023 3:37:09 PM
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202306441
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202306441 <br />for: (i) holding and applying the Funds; (ii) annually analyzing the escrow account; or (iii) <br />verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable <br />Law permits Lender to make such a charge. Unless Lender and Borrower agree in writing or <br />Applicable Law requires interest to be paid on the Funds, Lender will not be required to pay <br />Borrower any interest or earnings on the Funds. Lender will give to Borrower, without charge, <br />an annual accounting of the Funds as required by RESPA. <br />(d) Surplus; Shortage and Deficiency of Funds. In accordance with RESPA, if there <br />is a surplus of Funds held in escrow, Lender will account to Borrower for such surplus. If <br />Borrower's Periodic Payment is delinquent by more than 30 days, Lender may retain the <br />surplus in the escrow account for the payment of the Escrow Items. If there is a shortage or <br />deficiency of Funds held in escrow, Lender will notify Borrower and Borrower will pay to Lender <br />the amount necessary to make up the shortage or deficiency in accordance with RESPA. <br />Upon payment in full of all sums secured by this Security Instrument, Lender will <br />promptly refund to Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower must pay (a) all taxes, assessments, charges, fines, and <br />impositions attributable to the Property which have priority or may attain priority over this <br />Security Instrument, (b) leasehold payments or ground rents on the Property, if any, and (c) <br />Community Association Dues, Fees, and Assessments, if any. If any of these items are Escrow <br />Items, Borrower will pay them in the manner provided in Section 3. <br />Borrower must promptly discharge any lien that has priority or may attain priority <br />over this Security Instrument unless Borrower: (aa) agrees in writing to the payment of the <br />obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower <br />is performing under such agreement; (bb) contests the lien in good faith by, or defends against <br />enforcement of the lien in, legal proceedings which Lender determines, in its sole discretion, <br />operate to prevent the enforcement of the lien while those proceedings are pending, but only <br />until such proceedings are concluded; or (cc) secures from the holder of the lien an agreement <br />satisfactory to Lender that subordinates the lien to this Security Instrument (collectively, the <br />"Required Actions"). If Lender determines that any part of the Property is subject to a lien that <br />has priority or may attain priority over this Security Instrument and Borrower has not taken any <br />of the Required Actions in regard to such lien, Lender may give Borrower a notice identifying <br />the lien. Within 10 days after the date on which that notice is given, Borrower must satisfy the <br />lien or take one or more of the Required Actions. <br />5. Property Insurance. <br />(a)Insurance Requirement; Coverages. Borrower must keep the improvements now <br />existing or subsequently erected on the Property insured against loss by fire, hazards included <br />within the term "extended coverage," and any other hazards including, but not limited to, <br />earthquakes, winds, and floods, for which Lender requires insurance. Borrower must maintain <br />the types of insurance Lender requires in the amounts (including deductible levels) and for <br />the periods that Lender requires. What Lender requires pursuant to the preceding sentences <br />can change during the term of the Loan, and may exceed any minimum coverage required by <br />Applicable Law. Borrower may choose the insurance carrier providing the insurance, subject <br />to Lender's right to disapprove Borrower's choice, which right will not be exercised <br />unreasonably. <br />(b) Failure to Maintain Insurance. If Lender has a reasonable basis to believe that <br />Borrower has failed to maintain any of the required insurance coverages described above, <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />FORM 3028 07/2021 <br />Page 8 of 23 <br />Powered by Docu Prep Inc. 2023 c) 5846 <br />
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