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200305344 <br />1f Lender receives a payment from Borrower to delinquent Periodic Payment which includes a sufficient amount <br />to pay any late charge due, the payment maybe a�plied to the delinquent payment and the late charge. If more than one <br />Periodic Payment is outstanding, Lender may app y any payment received om Borrower to the repayinent of the Periodic <br />PaymenLS �f, and to the extent that, each payment can be paid in full. To the extent that any exists after payment is <br />applied to the to] I paymentofoZce, 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 Nor. <br />Any application of payments, msurmee 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 shallpayto Lender on the day Periodic Payments aredue order theNme, <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 lien or encumbrance on the Property; (b) leasehold <br />payments or ground rents on the Property, if my; (c) premiums for any and all insurance required by Lender under Section 5; <br />or at anytime during the term of the Loa, Lender may require that Community Association Dues, Fees, and Assessi <br />any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall p <br />furnishto Lenderall notices ofamounts to be paid under this Section. Borrower shall pay Lender the Funds for Escre <br />unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive But <br />obligation to pay to Lender Funds for any or al I Escrow Items at any time. Any such waiver may only be in writingg <br />event ofsuch waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items fr <br />payment of Funds has been waived y Lender and, if Lender requires, shall furnish to Lender receipts evidencii <br />payment within such time period as Lender may require. Borrower's obligation to make such payments and to <br />receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, asth, <br />"covenant and agreement" is used in Section 9. IfBorrower is obligated to pay Escrow Items directly pursuant to a <br />and Borrower fads to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and o <br />waiver as to any or all Escrow Items at any time by a notice given in accordance with- Section 15 and, upon sucli 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 any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at <br />the time specified under ItESPA, and (b) not W 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 ofexpenditur ai of future Escrow <br />Items or otherwise in accordance with Applicable Law. <br />The Funds shall be held in an institution whose deposits we insured by a federal agency, instrmnentality, or antiry <br />(including Lender, if Lander is an institution whose deposits are so insured) or in any Federal Ilomel-can Bank. Lender shall <br />apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lander 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 mterest to be paid on the Funds, (ender shall not be required to ppay Borrower <br />any interest or earnings on the Funds. Borrower and Lender can a ee in writing, however, that interest shall be paid on the <br />Funds. Lender shall give to Borrower, without charge, an annuaaccounting 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 pay to Lender the amount necessary to make up the <br />shortage in accordance with RESPA, but in no more than 12 monthlypayments. 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 landerthe <br />amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly ayments. <br />Upcaps yment in fidl ofall sums secured by this Security Instrument, Lander shall promptlyrefundpm Borrower any <br />Funds held by Lender. <br />4. Charges;Liens. Borrower shall payall taxes, assessments, charges, fines, and impositions attributable w 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, ifany. 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 Lander, 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 proceedings which in Lender's opinion operate to prevent the enforcement of the (ten while those proceedings are <br />pending, but only until such proceedings are concluded; or (c) secures from the holder ofthe lien anagrcentemsatisfactoryto <br />Lender subordinating the lien to this Security Instrument. It Lender determines that any part of [he Property is subject to a <br />lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within <br />10 days of the date on which that notice is given, Borrower shall sans the lien or take one or more of the actions set forth <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 Properly <br />insured against loss by fire, hazards included within the term "extended coverage," mid 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 curler roviding 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 Wan, either: (a) a one -time charge for flood zone <br />determination, certification and necking 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 />Iander's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of <br />or liability and might provide <br />exceed the cost of insurance that Borrower could have obtained. Any emotions 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 required by Lender and renewals of such polieics 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. Lender 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. IfBorrower obtains any form ofinsurance <br />NFRRASKA�ingle Fanuly— Fannie Mae/Freddie Mee UNIFORMIN5IRUMENT Form3a3R 1/01 (pnge3of8pnges) <br />9754.CV (IN3) 1689504 <br />GOTO(0004dola <br />