200304998
<br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a suf icientamount
<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 />Penodre Pa ent is outslandmg, Lender may apply anypaymen [received can Borrowerto the repayment of the Periodic
<br />Payments ifyand to the extent that, each pa ent can be paid in full. To the extent that anyezcess exists after the payment is
<br />applied tatheCull payment atone 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 apphcahon ofpayments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
<br />shall no[ extend or postpone the due date, or change the amount, of the Periodic Payments.
<br />3. Funds for Fscrow Items. Burrower shall pay[o Lender on the day Periodic Pa entsaredueundertheNote,
<br />until the No[e is paid in full, a sum (the "Funds ") to provide for payment of mounts due for: (a) taws and assessments and
<br />other item[ which can attain priority over this Securely Instrument as a lien or encumbrance on the Property; (b) leasehold
<br />payments ur ground rents on [he Property, ifany; (c) premiums for anyand all insurance required by Lender under Section 5;
<br />and (d) Mortgage Insurance premiums, Ifany, or any sums payable by Borrower to Lender m lieu otythe paymentofMOrtgage
<br />Insurance premiums m accordance with the provisions ofSec[ion 10. These items are called "Escrow Items." Atorigination
<br />or ar any time during the term ofthe Loan, Lender may require that Community Association Dues, Fees, and Assessments, if
<br />any, be escrowed by Burrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly
<br />furnish to Lender all notices of amounts [o be paid under this Scc[ion. Borrower shall pay Lender the Funds for Escrow Items
<br />unless Ixnder waives Borrower's obligation [o pay the Funds for any or all Escrow Items. Lender may, waive Borrower's
<br />obligation to pay to Lender PUnds for any or all Fscrow Items at any hme. Any such waiver may only beinwriting. Inthe
<br />event ofsuch waiver, Borrower shall paydirec[ly, when and where payable, the amounts due for any Escrow Items for which
<br />payment of Funds has been waived y Lender and, if Ixnder reywres, shall furnish to Lender receipts evidencing such
<br />payment within such time period as Lender may require. Bomower's obligation in 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. IfBOrrower is obligated to pay Escrow Items directly, pursuant to a waiver,
<br />and Borrower fads to pay the amount due for an Escrow IG:m, Lender may exercise its rights under Section 9 and pay such
<br />am ount and Borrower shall then be obligated under Section 9 to repay to Lender 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 />Borrower shall pay to Lender all Funds, and in such amounts, that are then reqquired under this Section 3.
<br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender m apply the Funds at
<br />the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lander
<br />shall estimate the amount ofFunds due on the basis of current data and reasonable estimates ofexpenditures offlture 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 are so hisured) or in any Federal HomeLoan Bank. Lender shall
<br />apply the Fwids 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 analysing [he escrow account, or verifying the Escrow Items, unless Lender
<br />pays Borrower interest on the Funds and Applicable Law permits Lender m make such a charge. Unless an agreement is
<br />made in writing or Applicable Iaw requires merest to be paid on the Funds, Lender shall not be required to gay Borrower
<br />any mterest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be aid on the
<br />Len
<br />Funds. der shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
<br />Iflhcre is a surplus ofFunds 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 m make up the
<br />shortage in accordance with RESPA, but in no more than 12 monthly payments. 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 payto Lender the
<br />amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly ayments.
<br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptlyrefnidpto 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 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 my. 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 obitgganon secured by the lien in a manner acceptable to lendeq but only so long as
<br />Borrower is performing such agrecmenq (b) contests the lien in good faith by, or defends against enforcement ofthe lien m,
<br />legal proceedings which in Lender's opinion operate to prevent [he enforcement oflhe hen while those proceedings are
<br />pending, but only until such proceedings arc concluded; or (c) secures from the holder ofthe lien an agreement satisfactoryto
<br />Lender subordinating the lien to this Security Instrument If Lender determines [hat any part ofthe Property is subject to ts
<br />lien which can attain priority over this Seen n instrument, Lender mayygive Borrower a notice identifying the lien. Within
<br />I o days of the dale on which that notion is given, Boaowar shall satistythe lien or take t am more ofthe actions set forth
<br />above in tIris Section 4.
<br />Under 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 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 Under 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 -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 (it 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 in maintain any of the coverages described above, Lender may obtain insurance coverage, ar
<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 significantly
<br />exceed the cost of insurance that Borrower could have obtained. Any mounts 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 data 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 standard mortggage clause, and shall name Lender as mortgagee and/or o er
<br />shallpromptly give Under shall eeipts of right remiuthepolrees and renewal fBorr ater IfUnder
<br />shall promptlygive to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance
<br />NEBRASKA - Single Family- Fannie MaNFrettie Mac UNIFORM INSTRUMENT Form3029 LOB (page3of8pagas)
<br />995E CV (1102) 1664679
<br />(10170(0004d2lm
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