200301126
<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 Corm Borrower to the repayment of the 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 late 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 on the day Periodic Payments are due order the Note,
<br />until the Note is paid in full, a sum (the `Funds ") to provide for payment ofamounts due fro: (a) taxes and assessments and
<br />other iterns 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, ifany; (c) premiums for any and all insurance required by Lender under Section 5;
<br />and (d) Mortgage Insurance premiums, ifany, or any sums payable by Borrower to Lender in lieu ofthe paymentofMortgage
<br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination
<br />or at any time during the term ofthe Loan, Lender may require that Community Association Dues, Pees, and Assessments, if
<br />any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly
<br />furnish to Lender all notices ofamountstobe paid under this Section. Borrower shall pay Lender the Funds for Escrow Items
<br />unless Lender waives Borrower's obligation to pay the Funds for any oral] Escrow Items. lender may waive Borrower's
<br />obligation to pay to Lender Funds for any oral] Escrow Items m anytime. Any such waiver may only be in writing. In the
<br />event ofsuch waive,, Borrower shall pay decoy, when and where payable, the amounts due for any Escrow Items for which
<br />payment uC Funds has been waives) y Lender and, if I ender 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 />receipLS shall for al I purposes he deemed to be a cevenant and agreement contained in this Security Instrument, as the phrase
<br />"covenant and a &reement" is used in Section 9. If Borrower is obliggated to pay Escrow Items directly, pursuant to a waiver,
<br />and Borrower furls to pay the amount due For an Escrow Item, Lender may exercise its rik his under Section 9 and pay such
<br />amount and Borrower shall [hen be obligated under Section 9 to repay to I ender any such amount. I ender may revoke the
<br />waiver as to any droll Escrow Items at any time bye notice given in accordance with Section 15 and, upon such revocation,
<br />Borrower shall pay to Lender all Funds, and in such wnounts, that are then required under this Section 3.
<br />lender may, at any time, collect and hold funds in an amount (a) sufficient to permit Lender to apply the Funds at
<br />the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender
<br />shall estimate the mnount of Funds due on the basis ofcurrent data and reasonable estimates ofexpenditures offunue Escrow
<br />Items or otherwise in acmrdmhce with Applicahle Ixw.
<br />flit Funds shall be held in an institution whose deposits are insured bye federal agency, instrumentality, or entity
<br />(includingunds to ifI the Eisen Itemsnnwhose depositsarepeinsured)emES Federal Home Lo an Bank. eBorUnder
<br />wer so
<br />apply the Funds to pay the Escrow Items al Inter than the time row Lieu c under RBSPA. Under shall net charge Borrower
<br />for holding and applying rest the Funds, annually analyzing
<br />Lathe escrow account, m verifying charge. Escrow Items, unless Lender
<br />pays Borrower interest on the funds and Applicable Law permits Lender s, make such a charge. Unless an agreement is
<br />mode to writing or Applicable Law requires interest tube paid on the Funds, Izndcr shall not be required to gay Borrower
<br />anv Funds. Undeearnings hali a oBorr w Burrower and gLender
<br />it annual al accounting writing however, that interest by shall REepaid on the
<br />Funds. Lender shall sure to Borrower, without charge, an annual accounting ofthc Funds as required to RESPA.
<br />If thine is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account e Borrower for the
<br />excess funds in accordance with RESPA. PA, and a shortage hall Funds
<br />gay held in escrow, as defined under RESPA, Lender
<br />shall notify Borrower u required by RESPA, and Borrower shall gay to Lender the amount necessary to make el the
<br />shortage in accordance with RESPA, but in shall more than 12 month s equpayments. If there is a deficiency of Funds held in
<br />e
<br />escrow, as e defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall paym Lender the
<br />amount necessary to make up the deficiency in accordance with RESPA, but m n more than 12 monthly payments.
<br />Upon payment in full oral] sums scoured by this Security Instrument, Lender shall promptlyrcCund to Borrower any
<br />Funds held by Lender.
<br />4. Charges; Liens. Borrower 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, ifany,
<br />and Community Association Dues, Pees, and Assessments, ifany. '110 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 Lender, but only so long as
<br />Borrower is performing such agreement (b) contests the lien in good faith by, ur defends against enforcement ofthe lien m,
<br />legal proceedings which in finder's opinion operate to prevent the enforcement ofthe hen while those proceedings are
<br />pending, butonly until such proceedings areconcluded; or(c) secures from the holder ofthe lien an agreement satisfactory to
<br />Lender subordinating the lien to this Security Instrument Iflender determinesmat anypart ofthe Property is subjectioa
<br />Tien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifymgthe lion. Within
<br />10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more oPPthe actions set forth
<br />above in this Section 4.
<br />I trader only require Borrower to pay a one -time charge for a real 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 of the 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 one -time charge for Flood zone
<br />determination, certification and Rucking 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. Rnrrower shall also be responsible for the payment of any fees imposed by the Federal
<br />Emergency Management Agency in connection with the review ofany Flood zone determination resulting from an objection
<br />by Borrower.
<br />If Borrower fails to maintain any ofthe 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 type or amount of
<br />coverage. Therefore, such coverage shall cover lender, but might or might not protect Borrower, Borrower's equity in the
<br />Property, or the contents ofthe 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 Rnrrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
<br />become additional debtofBorrower secured by this Security Instrument. These amounts shall bear interest at Note rate
<br />from the date of disbursement and shall be payable, with such interest, upon notice from Izndcr 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 mortggage clause, and shall name Lender as mortgagee and /or as an
<br />additional loss payee. Lender shall have the right to hold thepnbciesandrenewal certificates. If Lender requires, Borrower
<br />shall promptly give to Lender all receipts ofpaid premiums and renewal notices. If Borrower obtains any form of insurance
<br />NEBRASKA— Sinele Family— Fnnnle Mae /Freddie Mm GVIFOR0I INSTRUMENT Fnrm3038 1 /01 ( pnyu3 f8pngvs)
<br />99941 V I1 /02) 1643721
<br />coro(oomrahz)
<br />
|