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200301956 <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 ppayment and the lute charge. If more than one <br />Periodic Payment is outstanding, I ender may apply Wry payment received from Borrower to the repayment of the 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 the fillpayment of one or mitre Pe i is Payments, such excess maybe applied to any late chargesdue .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 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 itudts 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, if any, or any sums payable by Borrower to Lender it lieu oftlre paynrentofMortgage <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 Loan, Lender may require that Community Association Dues, Fees, and Assessments,if <br />any, be escrowed byy Borrower, and such dues, fees mid assessments shall be an Escrow Item. Borrower shall promptly <br />furnish to Lender allnotices of amounts to be paid under this Sect ion. Borrower shall pay Lender the Fords 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 all Escrow Items at any time. Any such waiver may only e in writing. In the <br />event of such waiver, Borrower shall ppay directly, when and where payable, the amounts due for any Escrow Items Corwhich <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 Tender 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 agr eement contained in this Security Instrument, as die phrase <br />"covenant and agreement" is used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant 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 and Borrower shall then be obligated under Section 9lu 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 regqwired under this Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sit icientto permit I ender 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 of current data and reasonable estimates of expenditures of future Escrow <br />Items or otherwise in accordance with Applicable law. <br />The Funds shall be 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 sit insured) or In any Federal Home Loan Bank. Leander shall <br />apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower <br />Cur 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 pay Borrower <br />any interest or earnings on the Funds. Borrower and lender can agree in writing, however, that interest shall a 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. 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 Lender the amount necessary to make up the <br />shortage in accordance with RESPA, but in no more than 12 monthly payments. Iftherc 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 stake up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in bill of all sums secured by this Security Instrument, lender shall promptlyrefind to Borrower any <br />Funds held by Lender. <br />4. Charges;Liens. Borrower shall pay all goes, assessments, charges, fines, and impositions attributable to the <br />Property which can about priority over this Security Instrument, leasehold payments or ground rents on the Property, ifany, <br />and Community Association Dues, Fees, and Assessments, ifany. To die 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 of the obligation secured by the lien in a manner acceptable to Lender, but only so long as <br />Borrower is perforating such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, <br />legal proceedings which is lender's opinion operate to prevent the enforcement of the lien while those proceedings are <br />pending, but only until such proceedings are concluded; or (c) secures from the holder ofthe lien ar agreement satisfactory to <br />Lender subordinating the lien to this Security Instrument If Lender determines that any part ofthe Property is subject to a <br />Hen which can asainpriority over this Security Instrument. I ender 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 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 die improvements now existing or hereafter erected on the Property <br />insured against lass by fire, hazards included within the term "extended coverage," and any other hazards including, but not <br />I in ited 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 Iender requires pursuant to die preceding <br />sentences can change during the term of the Lou.. The Insurance carrier providing the insurance shall be chosen by <br />Borrower suhject to Lender s right to disapprove Borrower's choice, which right shall not be exercised unreasonably. <br />Leader may require Borrower to pay, in connection with this loan, either: (a) a one -time charge for flood zone <br />determinanon, certification artd sacking 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 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 (lithe Property, against any risk, hazard or liability and might provide greater or lesser coverage <br />than was prcviouslyineflect. Borrower acknowledges that the cost uRhc insurance coverage so obtained might sigtrificantly <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 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 Lender to Borrower requesting <br />payment. <br />All insurance policies , sal required standard Lender and renewals e, 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 o er an <br />sheenpromptly payee. Lender shall eeipts of paid premiums renewal and renewal Lender of Borrower <br />shat l promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance <br />NEBRASKA - Single Fondly- Fannie Mae /Freddie Nat UNIFORM INS'] RUNEN'T Form3028 1 /01 (page3of8pag ) <br />9754 CV(IIQ) 1M151N, <br />GOTO(0004241b) <br />