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200112763
<br />fails to pay the anulunl clue for an F" sciow horn, Lender may exercise its rights under Section 9 and pay such amount and
<br />lorrower shall then be ohligatcd under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any
<br />or all Escrow Items at. any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay
<br />to I_.endcr all funds, and in such amounts, that arc then required under this Section 3.
<br />Leudcr tray, al any tittle, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the
<br />time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall
<br />estimate file amount of funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
<br />or otherwise in accordance with Applicable l,aw.
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
<br />(including Lender, it' Lender is all institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall
<br />apply file l'unds to pay the Lscrow Items no later than the tune specified under RESPA. Lender shall not charge Borrower for
<br />holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays
<br />Borrower interest on the i'unds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in
<br />writing or Applicable Law rcyuires interest to he paid on the Funds, Lender shall not be required to pay Borrower any interest
<br />or c<trnin!2s on the hwtdS. Borrowcr and Lcuder call agree in writing, however, that interest shall be paid on the Funds. Lender
<br />shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
<br />11- there is a surplus 01' Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess
<br />funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify
<br />Borrower as required by RESPA, and Borrowcr shall pay to Lender the amount necessary to make up the shortage in
<br />accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as
<br />defined under M''SPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
<br />necessary to make up the deficiency in accordaucc with RESPA, but in no more than 12 monthly payments.
<br />Upon payment in lull of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
<br />Funds held by I.ellder.
<br />4. Charges: Liens. Borrowcr shall pay all taxes, assessments, charges, fines, and impositions attributable to the
<br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,
<br />nuu
<br />and Counily Association I)ucs, Fces, and Assessments, if any. To the extent that these items are Escrow Items, Borrower
<br />shall pay them in the ntauncr provided in Section 3.
<br />Borrowcr shall promptly discharge ally lien which has priority over this Security Instrument unless Borrower: (a) agrees
<br />in writing Io 111E payuucnt of the ohligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower
<br />I,, prrlorniin- such agrccutcuL_ (h) contests the lieu in good faith by, or defends against enforcement of the lien in, legal
<br />procccdines which ill Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but
<br />MIN uul.ii such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender
<br />subordinating the lien to Ihis Security Inst- rumens. If Lender determines that any part of the Property is subject to a lien which
<br />call attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of
<br />the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this
<br />SCCI ion 4.
<br />Lender may require Borrower to pay a ouC -time charge for a real estate tax verification and /or reporting service used by
<br />I.Cndcr in connection with this loan.
<br />5. Properly lusu -ante. Borrower shall keep the improvements now existing or hereafter erected on the Property
<br />insured against loss by fire, ha'Lal -LIS included within the semi "extended coverage," and any other hazards including, but not
<br />limited to. earthquakes and I'loods, I'or which Lcuder requires insurance. This insurance shall be maintained in the amounts
<br />(including (IcdUClib1C levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
<br />SCntcnccs Can ChangC during the Icrnt of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower
<br />suhICCI to Lender's righl 10 disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
<br />require Borrowcr to pav, ut Coi111ccIIOII with 11115 Loan, either: (a) a one -time charge for flood zone determination, certification
<br />and tracking SCrviCCS; or (h) a one -time charoc for flood zone determination and certification services and subsequent charges
<br />Each time rcnlappings or similar changes occur which reasonably might affect such determination or certification. Borrower
<br />shall also he responsible for the paymcut of any fees imposed by the Federal Emergency Management Agency in connection
<br />with the review of any flood zone determination rcsultiug from an objection by Borrower.
<br />It' Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's
<br />option and Borrower's expense. I.cndcr is under no obligation to purchase any particular type or amount of coverage.
<br />7 hcrelorc, such coverage shall cover I- cnder, but might or might not protect Borrower, Borrower's equity in the Property, or
<br />the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was
<br />previously in effect. Borrower acknowlcd� CS thus the cost of the insurance coverage so obtained might significantly exceed the
<br />cost of insurance that Burrower COUld have obtained. Any amounts disbursed by Lender under this Section 5 shall become
<br />additional dchl of Borrowcr secured by this Sccu-ity Instrument. These amounts shall bear interest at the Note rate from the
<br />date of disburscrncin and shall he payable, with such interest, upon notice from Lender to Borrower requesting payment.
<br />All insurance policies required by l.cndcr and renewals of such policies shall be subject to Lender's right to disapprove
<br />Soda policies. shall include a standard nun-Igagc Clause, and shall name Lender as mortgagee and /or as an additional loss payee.
<br />].ender shall have the right no hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to
<br />Lcuder all receipts of paid premiums and renewal notices. If Borrower obtains any forth of insurance coverage, not otherwise
<br />required by 1.CIldC1 -, fur damagC to, or destruction of, the Property, such policy shall include a standard mortgage clause and
<br />shall name Leudcr as nwrtgagec and /or as all additional loss payee.
<br />In the evens of loss, Borrowcr shall give prompt notice to the insurance carrier and Lender. Lender may make proof of
<br />loss if not made protnplly by Borrowcr. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds,
<br />NN hclher or not the underlyitlg insurance was required by Lender, shall be applied to restoration or repair of the Property, if the
<br />rL:,lordtion or repair is CCononnically feasible and Lender's security is not lessened. During such repair and restoration period,
<br />LCIIdCI- Shalt have the right Io hold such insurance proceeds until Lender has had an opportunity to inspect such Property to
<br />cnsutr the work has been Completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
<br />Lender may dlSbUrSC procccdS fur the repairs and restoration in a single payment or in a series of progress payments as the
<br />work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance
<br />proceeds, Leudcr shall not be required to pay Borrower anv interest or earnings on such proceeds. Fees for public adjusters, or
<br />other third panics, rcimm-d by Borrowcr shall not he paid out of the insurance proceeds and shall be the sole obligation of
<br />liorniwcr. If III,- rc"wialk)[1 or repair is not. CCOnonnically feasible or Lender's security would be lessened, the insurance
<br />proceeds shall he applied to the SUIIIS sccurcd by this Security Instrument, whether or not then due, with the excess, if any,
<br />Paid to Burrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
<br />It' Borrowcr abandons the Property, Lender may file, negotiate and settle any available insurance claim and related
<br />matters. II' Borrowcr does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a
<br />claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event,
<br />or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to
<br />auv insurance prucCCdS in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any
<br />other of Borrower's rights (olhcr than the right to any refund of unearned premiums paid by Borrower) under all insurance
<br />policies covering the property, insular as such rights are applicable to the coverage of the Property. Lender may use the
<br />Insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,
<br />whether or not Ihen due.
<br />G. Occupancy. Boiro\vcr shall occupy, establish, and use the Property as Borrower's principal residence within 60 days
<br />alter Ilse CaCCUliou of Ihis Security Instrument and shall continue to occupy the Property as Borrower's principal residence for
<br />at least one scar ahcr the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
<br />unreasonahly vsitllhCld, ur unless extenuating circumstances exist which are beyond Borrower's control.
<br />NEBRASKA - Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT /���J� / \� Form 3028 1/01
<br />Bankers Systems, ,:�c_, _it Cloud, MN Form MD -1 -NE 8/17/2000 (page 3 of %pages) (I / T//
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