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200200'753 <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, <br />instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) <br />or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later <br />than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the <br />Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays <br />Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless <br />an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender <br />shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender <br />can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, <br />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 <br />to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in <br />escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and <br />Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with <br />RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, <br />as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall <br />pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no <br />more than 12 monthly payments. <br />Upon paymc;nt in full of all sums secured by this Security Instrument, Lender shall promptly <br />refund to Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions <br />attributable to the Property which can attain priority over this Security Instrument, leasehold <br />payments or ground rents on the Property, if any, and Community Association Dues, Fees, and <br />Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the <br />manner provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument <br />unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a <br />manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) <br />contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings <br />which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are <br />pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an <br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender <br />determines that any part of the Property is subject to a lien which can attain priority over this Security <br />Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on <br />which that notice is given, Borrower shall satisfy the lien or take one or more of the 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 <br />reporting service used by Lender in connection with this Loan. <br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter <br />erected on the Property insured against loss by fire, hazards included within the term "extended <br />coverage," and any other hazards including, but not limited to, earthquakes and floods, for which <br />Lender requires insurance. This insurance shall be maintained in the amounts (including deductible <br />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 carrier providing the insurance shall <br />be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall <br />not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, <br />either: (a) a one -time charge for flood zone determination, certification and tracking services or (b) <br />a one -time charge for flood zone determination and certification services and subsequent charges each <br />time remappings or similar changes occur which reasonably might affect such determination or <br />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 of any flood zone determination <br />resulting from an objection by Borrower. <br />If Borrower fails to maintain any of the coverages described above, Lender may obtain <br />insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to <br />NEBRASKA — Single Family— Fannie Mac /Freddie Dlac UNIFORM INSTRUMENT Form 3028 1 /01 (page 5 of 14 pages) <br />ALE NE44 1 /01 <br />LOAN ID: 00967827 Int <br />