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200301949
<br />If ender receives a payment front 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 Pa is out standing, Lender may apply any payment received from Borrower to the repayment ofthe Periodic
<br />Payments if, aid 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 fihlI payment of one or more Periodic Payments, such excess may be applied to any lase 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, of the Periodic Payments.
<br />until the Nate is paid in full, a sum (the "Funds") to provide for payment ofamounts due foe (a) taxes and assessments and
<br />other iterbs 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, ifany; (c) premiums for any and all insurance required by Lender under Section 5;
<br />and (d) Mortgage Insurance premiums, If a m
<br />ny, or any sus payable by Borrower [o Lender in lieu o the payment ofMortgage
<br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Itelux" At origination
<br />or at any time during the term ofthe l ism, Under may require that Community Association Dues, Fees, and Assessments,if
<br />any, be escrowed byy Borrower, and such dues, fees and assessments shall bean Escrow Item. Borrower shall promptly
<br />furnishto Lenderallnoticesof amountstohe 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 or all Escrow Items. Lender may waive Borrower's
<br />obligation to pay to Lender Funds for any or al I Escrow Items at any tune. 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 y Lender and, of 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 agncemunl 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 fads to pay the amount due for an Escrow Item, Lender may exercise its rights 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 mayrevoke the
<br />waiver as to any or all Escrow Items at anytime by a notice given in accordance with Section 15 aid, upon such revocation,
<br />Borrower shall pay to Iender all Funds, and in such anounts, that are then required under this Section 3.
<br />Lender may, at sty time, collect and hold Funds in an amount (a) so to lent 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 amount of Funds due on the basis ofcurrent data and reasonable estimates ofexpenditures offulure Escrow
<br />Items or otherwise in accordance with Applicable Law.
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
<br />(including Lender, if Lender is an institution whose deposits ore so insured) or in any Federal Home Loan Bank. Lendershall
<br />apply the Funds N pay die 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 Iender 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 pay Borrower
<br />any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shill epaid on die
<br />Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
<br />Ifthere is a surplus of Funds held in escrow, as defined under RESPA, Gander 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 Burrower 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 shall paylo Iender 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 suits secured by this Security Instrument, Lender shall promptlyref rr d W Borrower any
<br />Funds held by Lender.
<br />4. Charges; Liens. Burrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
<br />Property which cal attain priority over this Security Instrument, leasehold payments or ground rent on the Property, ifany,
<br />and Community Association Duo, 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 obliggation 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 Tien 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. lflender determines that any part ofthe Property is subject to a
<br />lien which can attain priorityy over this Security Instrument, Linder may give Borrower a notice identifying the lien. Within
<br />10 days ofthe date on whiclh tat notice is given, Borrower shall satisfy the lien or lake one or more ofthe actions set total
<br />above in this Section 4.
<br />Gender 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 Goan.
<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. 'f his insurance shall be maintained in the arnounts
<br />(including deductible levels) and for the periods that I ender 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 tracking services; or (b) a one -lime charge for flood zone determination and certification
<br />services and subsequent charges each time renhappings 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 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. Theref ore, 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 coveragge
<br />than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significant)
<br />exceed the cost ofinsurance tat Borrower could have obtained. Any amounts disbursed byy Lender under this Section 5 shall
<br />become additional debt of Borrowersecured by this Security Instrument. Theseamountsshall 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 standard Lender and renewals e, such policies shall be subject to Lender's right to
<br />disapprove such policies, shall include h standard mortgage clause, and shall name Under as mortgagee and/or ro er
<br />additional loss payee. Lender shall have the right to hold[ epolicirre and renewal certificates. If Lender requires, Borrower
<br />shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any foam of insurance
<br />NEBRASKA — Single Family-- Fannie Mae /FreJJie Mesa UNIFORM INSTRUMENT Form3028 1 /01 (PaX,'3uf8P19e1f
<br />9754 CV (1 103) 1655307
<br />cmo(00042ess)
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