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200302!96 <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient mount <br />to pay any late charge due, die 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 om 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 alter the payment is <br />applied to the full payment of one 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, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due wider 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 items which can attain priority over this Security Instrument as a Item or encumbrance on the Property; (b) leasehold <br />payments or ground rents on the Property, if any; (c) preriums for any and all insurance required by Lender under Section 5; <br />and (d) Mortgage Insurance premiums, it any, or any sums payable by Borrower to lender In lieu of die 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 anytime during the term of the Ual, Lender may require that Community Association Dues, Fees, and Assessmeits,if <br />any, be escrowed byy Borrower, and such dues, fees and assessments shall bean Escrow Item. Borrower shall promptly <br />fumish to I ends, .](notices of amounts to be 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 Iender Funds for any or all Escrow Items at anytime. Any such waiver may only be in writing,. Indic <br />event of such waiver, Borrower shall pay directly, when and where payable, tine amounts due for any Escrow Items torwhich <br />payment of Punds has been waived y lender and, if Lender requires, shall finish to fender 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 agreement contained in this Security Instrument, as Ihephrase <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 w Lander any such amount. Lender may revoke the <br />waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, <br />Bormwcr slwll pay to Lender all Funds, and in such amounts, that are there required under this Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to opplythe Funds at <br />the time specified under RESPA, aid (b) not to exceed the maximum amount a tender can require under RESPA, lender <br />shall estimate the amount of Funds due on the basis of current data aid reasonable estimates of expenditures offumre Escrow <br />Items or otherwise in accordance with Applicable Law. <br />The Funds shall be held in an instnunon whose deposits we insured bya federal agency, instrumentality, or entity <br />(including I ender, If Lender is an institution whose deposits are so insured) or in any Federal Home Loan Barnlc. 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. UNess an agreement is <br />made in writing or Applicable Law requires interest to be paid on the Funds, Iznder shall not be required to ray Borrower <br />any interest or earnings on the funds. Borrower and Lender cam agree in writing, however, that interest shall be paid on the <br />Funds. Iznder 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, Lender shall account to Borrower for the <br />excess finds in accordance with RESPA If there is a shortage of ands held in escrow, as defined under RESPA, Lender <br />shall notify, Borrower as required by RESPA, and Burrower shall pay to Lender the amount necessary to make up the <br />shortage in accordance with RESPA, but in no more than 12 month lypayments. If there is a deficiency of Funds held in <br />eseow, as defined under RESPA, Lender shall notify Burrower as required by RESPA, and Borrower shall pay to Lender the <br />amount necessary to make up tine deficiency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in fill of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any <br />Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable Mthe <br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if my, <br />and Community Association Dues, Fees, and Assessments, if any. To the extent that tlmese 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 performing such agreement; (b) contests the lien in good faith by, or defends aPainst enforcement of the lien in, <br />legal proceedings which in I ender's opinion operate to prevent the entorcement of the lien while those proceedings are <br />pending, but only until such proceedings are concluded; or (c) secures from the holder of die lien an agreement Satisfactory to <br />Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property Is subject to a <br />lien which Lou attain priority over diis Security Instrument, Lender may give Burrower a notice identifying the lien. Within <br />10 days of the date on which that notice is given, Burrower 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 Iznder in connection with this Loan. <br />5. Properly 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 />Iznder may require Borrower to pay, in connection with this loan, either: (a) a one -time charge for flood zone <br />determination, certification and nicking 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 time Federal <br />Emergency Management Agency in connection with the review ofany flood zone determination resulting from an abjection <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 of the 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 of the insurance coverage so obtained might sipificand <br />exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Under 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 Under to Burrower requesting <br />payment. <br />All insurance policies required by standard Lender and renewals e, such policies shall be subject to Lender's right n <br />disapprove such policies, shat( include a standard mortgage douse, and shall Hanle Londe as mortgagee es, anabor o err <br />shall promptly payee. Lender shoe receipts of paid pr miu sand gees and renewal certificates. Blzn any shall promptly give to Lender all receipts ofpaid premiums and renewal notices. If Borrower obtains any form of insurance <br />NEBRASKA- Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form3028 1/01 ( ➢nyrJ f8 pnyery <br />9I54CV(1 /02) n11Ii14 <br />(:rll(x0004306c) <br />