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200403145 <br />shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying <br />the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make <br />such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, <br />Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree <br />in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an <br />annual accounting of the Funds as required by 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 under <br />RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount <br />necessary to make up the shortage in accordance with RESPA, but in no more than twelve monthly payments. If <br />there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by <br />RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with <br />RESPA, but in no more than twelve 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 the <br />Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items <br />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 (c) <br />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, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which <br />that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section <br />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 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 Loan. The insurance carrier <br />providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, <br />which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, <br />either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time <br />charge for flood zone determination and certification services and subsequent charges each time remappings or <br />similar changes occur which reasonably might affect such determination or certification. Borrower shall also be <br />responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with <br />the review of any 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, <br />at 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 <br />disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security <br />Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />NEBRASKA— Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3025 1 /01 age S j13 pages) <br />0010NEAm- 5/21/20024: 52 PM Borrower Initials <br />p- 2/24/2004 <br />Ver. 1 <br />