20020790/
<br />If f ender rexiyCs a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount
<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 />Periodic Paymcnt is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic
<br />Payments if, and to the extent that, cash payment can be paid in in I. To the extent that any excess exists after the payment is
<br />applied to the full paymentof one or more Periodic Payments, such excess may be applied to any lute charges due. Voluntary
<br />prepayments shall be applied first to any prepayment charges and then as described In the Note.
<br />Any application of payments, insurance 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 shall Pay to Lcmdcr on the day Periodic Payments are due under the Note,
<br />until the Note is paid in full, a sum (the "Funds") t1 provide for payment of amounts due for: (a) taxes and assessments and
<br />other items which can attain priority user this Security Instrument as a lion or encumbrance on the Property; (b) leasehold
<br />payments or ground rents on the Property, if any; (C) premiums for any and all insurance r quired by Lender under Section 5;
<br />and (d) Mortgage Insurance premiums, if any, or any sums payable by Burrower to Lender in lieu ofthepaymentufMortgage
<br />Insurance prcmiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination
<br />or at any time during the term ofdle Loan, Lender may require that Community Association Does, Fees, and Assessrients,if
<br />any, be esca)wcd by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly
<br />furnish ro Lender alf notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escaow Items
<br />unless Icndcr 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 anym all Escrow Items at any note. Any such waiver may only he in writing. In the
<br />event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which
<br />paymentof Funds has been waived by Lender and, if Lender requires, shall furnish 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 decreed to be a covenant and agreement contained in this Security Instrument, as the phrase
<br />"covenant and agreement" is used in Section 9. If liorrowcr is obligated to pay Escrow Items directly, pursuant to a waiver,
<br />and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such
<br />amount and Borrower shall then be obligated under Section 9 m repay to Lender any such amount. Lender may revoke the
<br />.invcr as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,
<br />Boa rower shall pay m 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 on amount (a) sufficient to permit Lender to appply 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 off unds dueon the basis ofcurrent data and reasonable estimates ofexpenditures of iturc Escrow
<br />Items or otherwise in accordance with Applicahle 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 Under is an institution whose deposits are so insured) or in any Federal Hume Luen Bank. Lender shall
<br />apply the Funds to pay the Escrow Items nu later than the time specified undcr RESPA. 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 m 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, Borrow CT and Lender can agree in writing, however, drat interest shall be paid on the
<br />Funds. Lender shall govt m Borrower, without charge, an annual accounting of the Funds as required by RESPA.
<br />Tf 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 ofFauds held in escrow, as defined under RESPA, Lender
<br />shall notify Borrower as required by RESPA, and Borrower shall pay to Under the amount necessary to makeup 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 payments.
<br />Upon payment in full )tat[ sums secured by this Security Instrument, Lender shall prompdyrefund to Borrower any
<br />Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pry 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 any,
<br />and Community Association Dues, Fees, and Assessments, if any. To the extent that these items we Escrow Items, Borrower
<br />shall pay them in the manner provided in Section 3.
<br />Borrower shall promptlydischarge any lien which has prior ayover this Security Instrument unless Borrower: (a)
<br />agrees in writing to the payment of the obligation 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 enter cement of the lien in,
<br />legal proceedings 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 agaeementsatistactory to
<br />lender subordinat ing the lien to this Security Instrument If Under determines that any part of the Property issubjCCL to
<br />Tien which can attain priority over this See only fnsn'umcnt, Lender may give Borrower a notice identifying the lien. Within
<br />10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more ofthe actions set (oath
<br />above in this Section 4.
<br />Lender may require Borrower tit 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 thePropedy
<br />insured against loss by fire, hazards included within the term "extendel Coverage," and any other hazards including, but not
<br />limited to, earthquakes and floods, for which Icndcr requires insurance. 'Phis 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 insurasce carrier providing the insurance shall be chosen by
<br />Borrower subject to Undei s right h) disapprove Borrower's choice, which right shall not be exercised unreasonably.
<br />Lender may require Borrower to pity, in connection with this Loan, either (a) a one -time charge for flood zone
<br />determination, certficanon 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 />demnnination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal
<br />Emergency Management Agency in connection wish the review of any flood zone determination resulting from an objection
<br />by Bumtwer.
<br />If Borrower foils to maintain any of the covcmges described above, Lender may obtain insurance coverage, at
<br />Lender's option and Borrower's expense. Lender is under no obligation h) purchase any particular type or amount of
<br />coverage. Therefore, Such Coverage shall cover Under, 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 ofinsui ance that Borrower could have obtained. Any amounts disbursed by Lender under this Section shall
<br />become additional debt of Burrower secured by this Security Lnatument. These amounts shall bear interest at the Note rate
<br />from the date of disbursement and shall he payable, with such interest, upon notice &oni Lender to Borrower requesting
<br />payment.
<br />All insurance policies required st Lander and renewals e, such policies shall be subject to Lender's right to
<br />disapprove such yet. Let shall include a smndard mortgage clause, and shall name Icndcr as mortgagee quo and/or o an
<br />additional loss payee. Lendershat have the paid to hold the policies and renewal certificates.IfLenderform fBurrower
<br />shall promptly give m Lender all receipts of pad premiums and renewal notices. If liorrowcr obtains any form of insurance
<br />NEBRASKA -- Single Forria, FOnow MaeTreddie May UNIFORM INSTRUMENT Furnr3028 1/01 (poge3nJ'3 paKes)
<br />9154.CV (1102) 156IMIfi
<br />(3010al)026(er)
<br />
|