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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 />