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If Lender receives a payment ffom Borrow, <br />to pay any late charge due, the payment may be app <br />Penodtc Payment is outstanding, Lender may apply; <br />Payments if, and to the extent that, each payment can <br />applied to the full payment ofone or more Periodic P <br />prepayments shall be applied first to any prepaymen <br />Any application ofpayments, neurone <br />shall not extend or postpone the due date, or change <br />3. Funds for Escrow Items. Borrowers <br />until the Note is paid in full, a sum (the "Funds') to t <br />other itetas which can attain priority over this Securi <br />paylneltts or ground rents on the Property, ifany; (c) I <br />and (d) Mortgage Insurance premiums, 1fany, or any <br />Insurance premiums in accordance with the provisiol <br />or at anytime during the term ofthe Loan, Lender ma <br />200304365 <br />A. To the extent that any excess exists alter the payment is <br />ch excess may be applied to any late charges due. Voluntary <br />rd than as described in me Note. <br />or Miscellaneous Proceeds to principal due under the Now <br />ofthe Periodic Payments. <br />ender on the day Periodic Payments are dueundertheblote, <br />Iavment ofamounts due for: (a) nixes and assessments and <br />any, be escrowed by Borrower, and such dues, tees and assessments shall be an Escrow, loam. Borrower shall promptly <br />banish to Lender all notices aformula to be paid under this Section. Borrower shall pay Lender the Foods 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 a 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, If Lender requires, shall famish 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 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 Falls to pay the amount due for an Escrow Item, tender 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 may revoke the <br />waiver as to an 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 required under this Section 3. <br />Lender may, at anyy time, 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. Lender <br />shall estimate the amount of Funds due on the basis ofcurrcm data and reasonable estimates ofexpenditures offnture Escrow <br />Items or otherwise in accordance with Applicable Law. <br />apply the Funds to pay the ESerow, Items no later man the time specified under KEBI'A. 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 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 />Ifthere 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. Ifthere 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 month ly 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 payto Underthe <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 by this Security Instrument Lender shall promptlyrefoodto Borrower any <br />Funds held by Lender. <br />4. Charces: Liens. Borrower shall oavall taxes. assessments, charges, tines, and impositions attributable to the <br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, <br />and Community Association Dues, Fees, and Assessments, if any. 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 of the 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 of the lien ut <br />legal proceedin gs which in Lender's opinion operate to prevent the enforcement of the hen while those proceedings are <br />pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreementsatisfactoryto <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 torth <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 erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage," and any other humards including, but not <br />limited to, earthquakes and floods, fir which Lender requires insurance. This insurance shall be maintained in the mounts <br />(including deductible levels) and for the periods that tender requires. What Lender requires pursuant to the preceding <br />sentences can change during the tern 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 />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, 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 ofthe insurance coverage so obtained might significand <br />exceed the cost ofinsurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall <br />become additional debt ofBarrower secured by this Security Instrument. Theseamountsshall bear interest atthe 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 standard lender and renewals e, such policies shall be subject to lender's right to <br />disapprove such policies, shall include a srightto mortggage clause, and shall name Lender as mortgagee and/or Borrower er <br />adall pro ptly payee. Lender shall id pre sums ndrees and mnces. If orro ter. btain mrform finsu <br />shall promptly give to lender all receipts ofpald premiums and renewal notices. If Borrower obtains any form ofinsurance <br />NEBRASKA - Single Factly- Fannie Mee /irvikir Mao UNIFORM INSTRUMENT Form3020 1/01 (page3oj8pag,$) <br />9764.CV(1/02) 1681014 <br />corao004<468) <br />