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200300510 <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount <br />to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one <br />Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment ofthe Periodic <br />Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is <br />applied to the full payment ofone or more Periodic Payments, such excess may be applied to any laze charges due. Voluntary <br />prepayments shall be applied first to any prepayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note <br />shall not extend or postpone the due date, or change the amount, ofthe Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lender n the day Periodic Payments are due under the Note, <br />until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and <br />other items which can attain priority over this Security Instrument as alien or encumbrance on the Property; (b) leasehold <br />payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; <br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow hems." At origination <br />or at any time during the term ofthe Loan, Lender may require that Community Association Dues, Fees, and Assessments, it <br />any, be escrowed byy Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly <br />furnish to Lender allnotices ofamounts to be paid under this Section. Borrower shall pay Lender the Ponds for Escrow Items <br />unless Lander waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's <br />obligation to pay to Lender Funds for any or all Escrow Items at anytime. Any such waiver may only be in writing. lathe <br />event ofsuch waiver, Borrower shall ray directly, when and where payable, the amounts due for any Escrow Items for which <br />payment of Funds has been waived by Lender and, if Lender requires, shall furnish to lender receipts evidencing such <br />payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide <br />receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase <br />"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, <br />and Borrower fails to pay the amount due for an Escrow Item, lender may exercise its righis under Section 9 and pay such <br />amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the <br />waiver as to any or all Escrow Items at anytime by a notice given in accordance with Section 15 and, upon such revocation, <br />Borrower shall pay to lender all Funds, and in such amounts, that are then regwired under this Section 3. <br />Under may, at anytime, collect and hold Funds in an amount (a) sufficient to permit Lander to apply the Funds at <br />the time specified under RESPA, and (b) not to exceed the maximum amount lender can require under RESPA. lender <br />shall estimate the amount of Funds due on the basis ofcurrent data and reasonable estimates ofexpenditures offrtme Escrow <br />Items or otherwise in accordance with Applicable Law. <br />The Ponds shall be held in an institution whose deposits are insured by federal agency, instrumentality, or entity <br />(including Lender,ifL ender, is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lendershall <br />apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower <br />for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lander <br />pays Borrower interest on the Funds and Applicable law permits Lender to make such a charge. Unless an agreement is <br />made in writing or Applicable law requires Interest to be paid on the Funds, Lender shall not be required to ppay Borrower <br />any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall bepaidonthe <br />Fund, lender shall give to Borrower, without charge, an annual accounting ofthe Funds as required by RESPA. <br />Ifthere is a surplus of Funds held in escrow, as defined under RESPA, lender shall account to Borrower for the <br />excess funds in accordance with RESPA Ifthere is a shortage of Funds held in escrow, as defined under RESPA, Lender <br />shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the <br />shortage in accordance with RESPA, but in no more than 12 monthly payments. Ifthere is a deficiency of Funds held in <br />escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shell paym Lander the <br />amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in full ofall sums secured bythis Security Instrument, Lander shall promptly refund to Borrowerany <br />Funds held by lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions adributablem the <br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, ifany, <br />and Community Association Dues, Fees, and Assessments, ifany. To the extent that these items are Escrow Items, Borrower <br />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 Borrower: (a) <br />agrees in writing to the payment ofthe obligation secured by the lien in a manner acceptable to Lander, but only so long as <br />Borrower is performing such agreement; (b) contests the Tien in good faith by, or defends against enforcement ofthe lien in, <br />legal proceedings which in Lender's opinion operate to prevent the enforcement offl e lien while those proceedings are <br />pending, but only until such proceedings are concluded; or (c) secures from the holder ofthe lien an agreement satisfactoryto <br />Lender subordinating the lien to this Security Instrument. If Lender determines that any part ofthe Property is subject to a <br />lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within <br />10 days ofthe date on which that notice is given, Borrower shall satisfy the lien or take one or more ofthe actions set forth <br />Lender may require Borrower to pay a onetime charge for areal estate tax verification and/or reporting service <br />used by Lender in connection with this Loan. <br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not <br />limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts <br />(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding <br />sentences can change during the term oFthe Loan. The insurance carrier providing the insurance shall be chosen by <br />Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. <br />Lender may require Borrower to pay, in connection with this Loan, either: (a) a onetime charge for flood zone <br />determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification <br />services and subsequent charges each time remappings or similar changes occur which reasonably might affect such <br />determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal <br />Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection <br />by Borrower. <br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at <br />Lender's option and Borrower's expense. lender is under no obligation to purchase any particular We or amount of <br />coverage. Theref ore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the <br />Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage <br />than was previously in effect. Borrower acknowledges that the cost ofthe insurance coverage so obtained might significantly <br />exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by lender under this Section 5 shall <br />become additional debt ofBonower secured by this Security Instrument These amounts shall bear interest at the Note rate <br />from the date of disbursement and shall be payable, with such interest, upon notice from lender to Borrower requesting <br />payment. <br />All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to <br />disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an <br />additional loss payee. lender shall have the right to hold the policies and renewal certificates. IfLender requires, Borrower <br />shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance <br />NEBRASKA- -xn61c family- Fannie Y[.&Freddw Mac UNIFORM INSTRUMENT Forr13028 II01 (yoge3of8pages) <br />9754 CV (1 02) 1639319 <br />