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200301626 <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficientaniount <br />to pay any late charge duq the payment may be applied to the delinquent payment and the late charge. If more than one <br />o <br />Penodic ayiWent is outstanding, Lender may apply any paymentrecenved frm Borrower to the repayment of the Periodic <br />Payments if,andtothe extent that, each payment cat be prod in full. To the extent that any excess exists after the payment is <br />applied tothe full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary <br />prepayments shall be applied Grst to any prepayment charges and then as described in the Note. <br />Any application ()£payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note <br />shall not extend or postpone the due dote, or change the amount, of the Periodic Payments. <br />3. Funds for Eseraw Items. Borrower shallpeyto Lender on the day Periodic Paymentsare dueunder the Nrue, <br />until the Note is paid in fill, a sum (the "Fonda ") to provide for payment of amounts due far: (a) taxes and assessments and <br />other itcmtt which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (h) 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 (J) Mortgage Insurance premiums, it any, or am sums payable by Borrower to Lender in lieu othhe payment of Mortgage <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 of the Wan, Lender may require that Community Association Dues, Fees, and Assessmems,if <br />any, be escrowed byy Borrower, and such does, fees and assessments shall bean Escrow Item. Borrower shall promptly <br />furnish to Lender allnotices of amounts to be paid under this Section. Borrowershall pay Lender the Funds for Escrow Items <br />unless Under waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's <br />obligation to pay to Under Funds for any or all Escrow Items at anytime. Any such waiver may only be in writing. In the <br />event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items forwhich <br />payment of Funds has been waived y Under and, if Under requires, shall furnish to Under 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 mid 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 rights under Section 9 and pay such <br />amount mid Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the <br />waiver as to anv or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, <br />Borrower shall pay to Lender all I ands, and in such amounts, that are then restored under this Section 3. <br />Lender may, at anytime, 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. Under <br />shall estimate the amount of Funds due on the basis ofcurremt data and reasonable estimates ofexpenditures ofdutme Escrow <br />hours or otherwise in accordance with Applicable Law. <br />I Funds shall he held in an institution whose deposits are insured by federal agency, instrumentality, or entity <br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home I sari Bank. I ender shall <br />apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Under shall not charge Borrower <br />for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Winder <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, Under shall not be required to ppay Borrower <br />any interest or earnings on the Funds. Borrower aid Lender can agree in writing, however, that interest shall be paid on the <br />Funds. Under shall give to Borrower, 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, Under shall account to Borrower for the <br />excess funds in accordance with RESPA If there 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 Under the amount necessary to make up the <br />shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in <br />escrow, as defined under RESPA, lender shall notify Borrower as required by RESPA, and Borrower shall payto 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 bythis Security Instrument, Under shall promptly refund to Borrower any <br />Funds held by Lender. <br />4. Charges;Liens. Borrower shall pay all taxes, assessments, charges, lines, 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, i fany. To the extent that these items me 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 of the obligation secured by the lien in a manner acceptable to Lender, but only so long as <br />Borrwoer is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement ofthe lien it], <br />legal proceedings which in Lender's opinion operate to prevent the enforcement of the Then while those proceedings are <br />pending bitterly, until such proceedings are concluded; or (c) secures from the holder uCthe lien an agrecment satisfactory to <br />Lender subordinating the lien to this Security Instrument. If Lender determines that anypart ofthe Property is subject to a <br />lien which can attain priority over this Security Instrument, Under may give Borrower a notice identifying the lien. Within <br />10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth <br />above in this Section 4. <br />Lender 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 Wan. <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) mid for the periods that Under requires. What Under requires pursuant to the preceding <br />sentences can change during the term of the War. 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 he exercised unreasonably. <br />Under may require Borrower to pay, in connection with this Wan, either; (a) a one -time charge for flood zone <br />determination, certification mid 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 ol'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. Under 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 of the Pi operry, 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 siptiificanif <br />exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under dais Sectien 521 1 <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 Under to Borrower requesting <br />payment. <br />All insurance policies required by Lender and renewals such policies shall be subject to gender's right to <br />standard disapprove such policies, shall include a standard mortgage clause, and shall name Under as mortgagee es, B r Borrower <br />er <br />shall promptly payee. Under shae receipts of paid premiums the policies and renewal If obtains anyform of shall promptly give to Lender all receipts nfpaid premiums and renewal notices. If Borrower obtains any form of insurance <br />NEBRASKA — Single Family-- F Vnnie Mae /Froddie Mac UNIFORM INSTRUMENT Form3028 1/01 (paye3of8ploes) <br />9751 Cv(1 /02) 1651530 <br />(io 1()(()()01197"/) <br />