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' � � RE-RECQRpEp <br /> � � � 99 �08134 s9 � 07334 <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 <br /> due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under <br /> the Note. <br /> 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower <br /> shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum <br /> ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on <br /> the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property <br /> insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; <br /> and (fl any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the <br /> payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect <br /> and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may <br /> require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended <br /> from time to time, 12 U.S.C. § 2601 et sea. ("RESPA"), unless another law that applies to the Funds sets a lesser <br /> amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. <br /> Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures <br /> of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution <br /> whose deposits are insured by a federal agency, instrumentality or entity (including Lender, if Lender is such an <br /> institution)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may <br /> not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the <br /> Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such <br /> a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax <br /> reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an <br /> agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any <br /> interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid <br /> on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits <br /> and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as <br /> additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts <br /> permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with <br /> the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay <br /> the Escrow Items when due, Lender may so notify Borrower in writing, and in such case Borrower shall pay to <br /> Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than <br /> twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security <br /> Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender <br /> shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held <br /> by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. <br /> 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender <br /> under paragraphs 1 and 2 shall be applied in the following order: first, to interest due; second, to principal due; third, <br /> to amounts payable under paragraph 2; fourth, to prepayment charges due under the Note; and fifth, 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 <br /> or other security agreement with a lien which has priority over this Security Instrument, including Borrower's <br /> covenants to make payments when due. Any default by Borrower under any such mortgage, deed of trust or other <br /> security agreement shall be a default under this Security Instrument and the Note. Borrower shall pay or cause to <br /> be paid all taxes, assessments and other charges, �nes and impositions attributable to the Property which may attain <br /> a priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these <br /> obligations in the manner provided in paragraph 2, or, if not paid in that manner, Borrower shall pay them on time <br /> directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid <br /> under this paragraph 4. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender <br /> receipts evidencing the payments. <br /> 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected <br /> on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other <br /> hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in <br /> the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen <br /> by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain <br /> coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property <br /> in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include <br /> a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, <br /> Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, <br /> Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made <br /> promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds shall be <br /> applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance <br /> proceeds, and then, at Lender's option, in such order and proportion as it may determine in its sole and absolute <br /> discretion, and regardless of any impairment of security or lack thereof: (i) to the sums secured by this Security <br /> Instrument, whether or not then due, and to such components thereof as Lender may determine in its sole and absolute <br /> discretion; and/or (ii) to Borrower to pay the costs and expenses of necessary repairs or restoration of the Property <br /> to a condition satisfactory to Lender. If Borrower abandons the Property, or does not answer within 30 days a notice <br /> NEBR�►SKA Page 2 of 8 NEXX0820 (Rev. 04/22/97) <br />