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200409896
<br />2431394
<br />Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
<br />verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits
<br />Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be
<br />paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower
<br />and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
<br />without charge, an 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 12 monthly payments. If there
<br />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 12 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
<br />attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground
<br />rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that
<br />these items 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
<br />(c) 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
<br />this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on
<br />which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this
<br />Section 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
<br />hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance
<br />shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What
<br />Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance
<br />carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's
<br />choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with
<br />this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a
<br />one -time charge for flood zone determination and certification services and subsequent charges each time
<br />remappings or similar changes occur which reasonably might affect such determination or certification. Borrower
<br />shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in
<br />connection with 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
<br />coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular
<br />type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
<br />Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability
<br />and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost
<br />of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have
<br />obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
<br />secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
<br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
<br />NEBRASKA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br />Modified For VA
<br />Docu3Nes (Page 5 of 14 pages)
<br />DOCU3NE5.VTX 05/03/2004
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