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200301325 <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 maybe 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 fill. 'To the extent that any excess exists after the payment is <br />applied to die full payment afore or more Perioic d Payments, such excess maybe applied to any laze chargesdue. Voluntary <br />prepayments shall be applied first to any prepayment charges and then as described in the Nate. <br />Any application ofpayments, 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. Burrower shall Pay in Iznder on the day Periodic Payments are due trader the Note, <br />until the Note is paid in full, a sum (the "Funds ") to provide for payment ofanoun[s due for. (a) taxes mid assessments and <br />other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold <br />payments or ground rents on the Property, dany; (c) premiums for airy and all insurance required by Lender under Section 5; <br />and (d) Mortgage Insurance premimns, Ifa ny, or any sums payable by Borrower to Lender in lieu I he payment ofMortgage <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 Luau, Lender may require that Community Association Dues, lees, and Assessments,if <br />any, be escrowed byy assessments shall and such dues, tees mid assessen shall be an Escrow Item. Borrower shall promptly <br />famish to Lender allnotices ifigmmnts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Means <br />unless Lender waives Borrower's obligation to pay die Funds for any or all Escrow Items. Under 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. In the <br />event ofsuch waiver, Borrower shall pay 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 Lander may require. Borrower's obligation to make such payments and to provide <br />receipts shall for all purposes be deemed to bra covenantand agrBement contained in this Security lnstrunnent, as the phrase <br />"covenant and agreement" is used in Section 9. IfBarrower is obligated to pay Escrow Items directly, pursuant to a waiver, <br />and Borrower Cads 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 notice given in accordance with Section 15 and, upon such revocation, <br />Borrower shall pay to Lender all Funds, mid in such amounts, that are then required under this Section 3. <br />Lender may, at anytime, collect and hold Funds in an amount (a) stiflcient to permit lender to apply the Funds at <br />the time specified Linder RESPA, and (b) not to exceed the maxinmm a count a lender can require under RESPA. Lender <br />shall estimate the amount oCF.nd., due on the basis ofcurrent data and reasonable estimates ofexpenditures offrtureEscrow <br />Items or otherwise in accordance with Applicable law. <br />The Funds shall be held in an institution whose deposits are insured bya federal agency, instrumentality, or entity <br />(including Lender, iflznder is an institution whose deposits are so insured) or in any Federal Home Loan Bank Lender shall <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 lender <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 an the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the <br />Funds. Lender shall give to Borrower, without charge, an annual accounting ofthe 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 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 titan 12 monthly payments- Ifthere is a deficiency of Funds held in <br />escrow, as defined under RESPA, I znder shall notify Borrower as required by RESPA, mid Borrower shall pay to Lender 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 by this Security Instrument, Lender shall proniptlyrefand to Borrower any <br />Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, files, 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, fees, and Assessments, ifaiy. To the extent that these items ane Escrow Items, Borrower <br />shall pay them in die manner provided in Section 3. <br />Borrower shall promptly discharge any Iien 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, or defends against enforcement ofthe lien in, <br />legal proceedings which in Lender's opinion operate to prevent the enforcement ofthe lien while those proceedings are <br />pending, hilt only until such proceedings are concluded; or (c) secures from the holder ofthe lien an mozement sazisfactoryto <br />Lender subordinating the lien to this Security Instrument. IRznder determines that any part of-the Property is subjectuo a <br />Iien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within <br />10 days ofthe date on whick that notice is given, Borrmver shall satiety the lien or take one or more ofthe actions set forth <br />above in this Section 4. <br />Leader may 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 Iznder 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 (loud 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 cernhcation. Borrower 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 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 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 signifcuitly <br />exceed the cost ofig,orance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall <br />become additional debt of Borrower 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 Iznder m Borrower requesting <br />payment. <br />All insurance policies required by Lender and renewals of such policies shall be subject to Izn ler'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. ICLcnderrcquires,Bnrrower <br />shall promptly give to Lender all receipts ofpaid premiums and renewal notices. Ifliorrower obtains any form ofinsurance <br />NEBRASKA-- Singlc Family— Fannie Mae/Freddic Mac UN I FORM INSTRUMENT Fmm3018 1/01 (paq,3of8pages) <br />9754 CV (1 e2) 1647536 <br />GOTO(OOO4Oal9, <br />