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200208516 <br />If Under receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount <br />w pay airy late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one <br />Penodic Pa eat is outstanding, Cender may apply any payment received from Borrower to the repayment of the Periodic <br />Pxymen[s it7and to the extent that, each payment can be paid m full. To the extent that any excess exists after the payment is <br />applied to the full payment ofone or more Periodic Payments, such excess may be applied to any late charges due. Voluntary <br />prepayments shall be applied first to any prcpaymem charges and then as described in the Note. <br />Any apphcanon ofpayments ,insurance proceeds, or Miscellaneous Proceeds to principal due under the Note <br />shall no[ extend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Funds for &vcrow Items. Borrower shall payto lender on the day Periodic Payments are due udder the Note, <br />nniil the Nnle is paid in full, n sum (the "1vnds ") to provide Cur payment of amounts due for: (a) taxes and assessments and <br />other items which can attain ppriority over this Secunty Instrument as a lien or encumbrance on the Property; (b) leasehold <br />payments nr ground rents on theProperry, if any,-(.) premmms fur any and all insurance required by fender under Section 5; <br />and (d) Mortgage Insurance premiums, dany, or any sums payable by Borrower to Lender in lieu ofihe paymentofMortgage <br />insurance premiumsin accordance with the provisions ofSecnnn 10. These items are called 'Escrow Items.' Atongmamm <br />oratanytimeduringihetermofthe Loan, Lender may require that Community Association Dues, Fees, and Assessments,if <br />any, be escrowed by Borrower, and such dues, fees and asscsvmears shall be an Escrow Item. Borrower shall promptly <br />furnish to Lender all notices ofamountc to be paid under this Section. Borrower shall pay Leader lheFunds for Escrow Items <br />unless lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender my waive Borrower's <br />obligation to pay to Lender Funds for any or all Escrow Items at anytime. Any such waiver may only be in writing. In the <br />event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow lhems for which <br />payment of 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 m make such payments and to provide <br />receipts shall for all purposes be deemeol to be a covenant and agreement contained in this Security Instrument, as the phrase <br />"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, <br />and Borrower £ails to pay the amount due fir, an Escrow Item, Lender may exercise its nghis unit., Section 9 and pay such <br />amount and Bonower shall then be obligated unite[ Section 9 to repay to Lender any such amount. Lender may revoke the <br />waiver as to any or all Escrow items at any time by x notice given in accordance with Section 15 and, upon such revocation, <br />Bonower shall pay to Icnder 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 RESPA, and (b) not to 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 ofexpendiLures of future Escrow <br />Items or otherwise in accordance with Applicable law. <br />The Funds shall be held in an Institution whose deposits are insured by federal agency, instrumentality, or entity <br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall <br />apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Bonower <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 interest to be paid on the Funds, Lender shall not be required to payā˛¢orrower <br />any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the <br />Funds. Lender shall give to Borrower, 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 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 monthly payments. If there is a deficiency of Funds held in <br />escrow, as defined under RESPA, Lender shall notify Burrower as required by RESPA, and Borrower shall pay to Lead. 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 of all sums secured by this Security Instrument, Lender shall promptlyrefundto B rmlwer any <br />Funds held by lender. <br />4. Charges; Liens. Borrower shall pay 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. Tothe extent that these items ancEscowltems, Borrowcr <br />shall pay them in the manner provided in Section 3. <br />Burrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable In Lender, 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 lien while those proceedings are <br />pending, but only until such proceedings areconcluded; or (c) secures from the holder of the lien an agreement sadsfactoryro <br />Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a <br />lien which can attain priority over this Security Instrument, tender 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 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 reporting service <br />used by Lender in connection with this Loan. <br />5. Properly Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />Iagainst loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not <br />limited to, earthquakes and floods, for which Under requires insurance. This insurance shall be maintained in the amounts <br />(including deductible levels) and for the periods that Lender requires. What Under requires pursuant to the preceding <br />sentences can change during the term in the Iran. The insurance carrier providing 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 Loan, either. (a) a one -time charge for flood cone <br />determination, certification 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 change 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 of any 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 />Lender's optron and Borrower's expense. Lender is under no obligation to 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 maw once coverage soobtamed might sil;mficaad <br />exceed the cost of insurance that Burrower could have obtained. Any amounts 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 policies 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 ccrtifrcaws. If Lender require, Borrower <br />Shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance <br />NEBRASKA - Single Family- -Fannie Mac /Freddie Mac LNIFORM INSTILLMENT Form 3025 I /01 (page3 le pager) <br />914CV(IM) Gr601 <br />GOTO(aW2820) <br />