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200303743 <br />If Under receives a payment horn Borrower for a delinquent Periodic Payment which includes a sufficient amount <br />to pay any lace charge due, the paymcnl may be applied to the delinquent Payment and the late charge. If more than one <br />per it 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 i I full. To the extent that anyexcess exists after the payment is <br />applied to the full payment ofone or more Pe , re Payments, such excess may be applied [o any late charges due. Voluntary <br />Preps shall be applied first to any prepayment charges and [hen as described m 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 anroun[, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall payto Lender on the day Periodic Pay!ents are due under the Nole, <br />Ill [he No[e is paid in Cull, a sum (the "Funds ") to pmndc for payment ofamounts due for: (a) taxes and assessments and <br />I items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold <br />P. mars or ground rents on the Properly,ifany;(c) premiums for any and all insurance required byy Lender under Section 5; <br />and (d) Mortgage Insurance premiums, lfany, or any sums payable by Borrower to Lender m lieu ofthepayrrTm ofMortgage <br />or at any time during me corm or me way r 111 <br />any, be escrowed by Borrower, and such dues <br />furnish to Lender all notices ofamounts to be pa <br />unless Lender waives Borrower's obligation in <br />obligation to pay to Under Funds for any or all <br />event ofsucli waiver, Borrower shall ppay direct <br />payment of Funds has been waived by Lender <br />payment within such time period as Lender in <br />receipts shall for all purposes be deemed to be a <br />;quire that Community Association Dues, Fees, and <br />d assessments shall be an Escrow Item. Borrower <br />this Section. Borrower shall pay Lender the Funds <br />Funds for any or all Escrow Items. Lender may we <br />and Borrower tails to pay the amount due for an Escrow Item, Lender me <br />amount and Borrower shat l then be obligated under Section 9 to repay to <br />waiver as to any or all Escrow Items at any time by a notice given in decor <br />Borrower shall pay to Lender all Funds, and in such amounts, that are th <br />Lender may, at ay time, col lect and hold Funds in an amount (1 <br />the time specified under RESPA, and (b) not to exceed the maximum an <br />shall estimate the amount of Funds due on the basis of current data and rep <br />Items or otherwise in accordance with Applicable law. <br />hgahon to make such payments and to provide <br />antamed in this Security Instrument, as the phrase <br />pay Escrow Items directly, pursuant to a waiver, <br />exercise its righis under Section 9 and pay such <br />ender am, such amount. Lender may revoke the <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 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 pay Borrower <br />any interest or earnings on the Funds. Borrower and Under can agree in writing, however, that interest shall a paid on the <br />Funds. Under hall 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, 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 Fay 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 />escrow, as defined under RESPA, lender shall notify Borrower as required by RESPA, and Borrower shall payte 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 ofalI sums secured by this Security Instrument, Iznder shall promptlyrefundto Borrower airy <br />Funds held by Under. <br />4. Charges;Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable tothe <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, ifany. To the extent that these Items are Escrow Items, Burrower <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 oblig}mion 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 of the lien In, <br />legal proeeedm s which in Lender's oplmon operate to prevent the enforcement of the hen while those proceedings are <br />fendipending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactoryto <br />ng, Secmitvinstrument lflender determines that arvoart of the Prooertv is subiect to <br />Iien which can amain priority over this Security Instrument, Lender may give Borrower a notice ldenntying 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 ofthe 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 Loan. <br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erectedonthe Property <br />insured against loss by fire, hazards included within the term "extended coverage, " and an other hazards including, but not <br />limited to, earthquakes and floods, for which Under retires insurance. This insurance shall be maintained in the amounts <br />(including deductible levels) and for the periods that Lender requires. What Lander requires pursuant to the preceding <br />sentences can change during the term of the Loan. 'f he 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 />Under 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 -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 y 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, Under 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 shat l 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 miginsigni scantly <br />exceed the cost ofinsurance that Borrower could have obtained. Any amounts disbursed by Lander under this Section 5 shall <br />became additional debt ofBorrower secured by this Security instrument. These amounts shall bear interest at die Now rate <br />from the date of disbursement and shall be payable, with such interest, upon notice from Lander to Borrower requesting <br />payment. <br />All insurance policies required by Under and renewals of 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 as an <br />additional loss payee. Lander shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower <br />shall promptly give to Lender all receipts ofpaid premiums and renewal notices. If Borrower obtains any form ofinsurance <br />NEBRASKA- Srnglc family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Fonn3028 I/01 /page3of8 pag J <br />9754 CV (1/02) 1695107 <br />GOTIX000490c) <br />