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200305520 If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount [o pay any late charge due, the pa ant maybe applied to the delinquent payment and the late charge. If more than one Penn Payment is ouu[anding Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be pard m full. To the extent that anyexcess exists after the payment is appbed to the full paymen[ofone or more Pe' the Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described m the Note. Any app 1.P thm of payments, insurance pDroceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Es crow Items. Borrower shallpayto Lender on the day Periodic Pa 0 1entsaredueunder the Note, until the Note is paid in full, a sum ([he "Funds ") to provide for payment ofamounts due for. (a) taxes and assessments and other ilem9 which can attain priority over this Secunry Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Properly, if any; (c) premiums for any and all insurance required byy Lender under Section 5; and (d) Mortgage Insurance premiums, ifany, or any sums payable by Borrower to Lender m lieu ofdlepayment ofMOrtgage or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed byy Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly famish to Lender 21 mices ofamounts to be paid under this Section. Borrower shall pay Lenderthe Funds for Escrow ltems unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at anytime. Any such waiver may only be in writingg In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items forwhich payment of Funds has heen waived y Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as; the Phrase "covenant and agreement" is used in Section 9. If Be, rower is obligated m pay Escrow Items directly pursuant to a waiver, and Borrower fa]stop ay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender mayrevoke the waiver as to any or al I Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at an time, collect and hold Funds in an amount (a)su aaenito permit Lender to apply the Funds at the time specified under RESPA, and (b) no[ to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount ofFUnds due on the basis ofcurrent data and reasonable estimates ofexpenditmes of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by federal agency, instrumentality, or entry (including Lender, if Under is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits under to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, w defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall ray to Lender the amount necessary M make up the shortage in accordance with RESPA, but in no more than 12 monthlypayments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as regcored by RESPA, and Borrower shall paytoUnder the amount necessary to make up the deficiency in accordarice with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, lender shall promptlyrefand to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, changes, fines, and impositions attributable to the shall pay them in the manner provided in 9echon S. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writin77,,' m the payment ofthe 0" ya"" secured by Ilia lien in a manner acecpurble to Lender, but only sit long as Borrower is perPorming such agreement; (b) contests the lien m good [huh by' or defends against enfbrcement ofthe lien m, legal proceedings which in I_ader's opmion operate to prevent the enforcement of Ilia ben while those proceedings are Pending, but only until ancIt proceedings are concluded; or (e) secures from the holder ofthe lien an ageeinentsatisfaaoryto Lender subordinating the lien to this Security instrument. if Lender determinesthat any part of the Property is subject toa lien which can attain priority over this Secunry Instrument, Lender ma give Borrower a notice identifying the lien. Within 10 days ofthe date on which that notice is given, Borrower shall satisfy the I.e. or tak one or more ofthe actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected onthe Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right w disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to Fay, in connection with this Loan, either: (a) a one -time charge for Flood zone determination, certfcauon and lrapkmg services; or (b) a ono-limc charge for food zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed y the Federal Emergency Management Agency in connection with the review ofany flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, a Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies rejoined by Lender and renewals of such of shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an NRRRASKA- Single Fanuly- Fannii, M.oTreddie Mac UNIFORM INSTRtIM ENT Forin3028 lan (page3 f8puges) 9754 CV (1/02) 1687821 corIX0004clar)