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200209033 <br />If Lender receives 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 Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic <br />Payments if, and m the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is <br />applied to the fullpayment ofone or more Periodic Payments, such excess may be applied m any late charges due. Voluntary <br />prepayments shall) be applied first to any prepayment charges and then as described in the Nose. <br />Any application ofpayments, insurance pproceeds, or Miscellaneous Proceeds to principal due under the Note <br />shall not cxtrnd or postpone the due date, or change the amount, of the Periodic Payments. <br />until the Not <br />other items 'v <br />and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender In lien of the payed <br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items <br />or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and <br />Payment of Funs has been waived by lender and, it 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 in provide <br />receipts shall for all purposes be deemed in 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 m a waiver, <br />and Borrower fads in pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such <br />amount and Borrower shal I then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the <br />waiver as in any or all Escrow Items at any time by a nonce given in accordance with Section 15 and, upon such revocation, <br />Borrower shall pay to 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 an amount (a) so icient to permit Lender w apply the Funs 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 ofcnrrent data and reasonable estimates ofexpenditures offum a Escrow <br />Items or otherwise in accordance with Applicable 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 Lender is an insulation whose deposits are so insured) or in my Federal liomeLoan Bank. Lender shall <br />apply the Funds to pay the Escrow Items no later than the time specified under 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 nn the Funds and Applicable Law permits Under 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 pay Borrower <br />any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be ppaid 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, Umirt shall notify Borrower as required by RESPA, and Borrower shall paymLenderthe <br />amount necessary m 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 shallpromptlyremn mBorrower 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, Pees, and Assessments, ifany. I the extent that these items are Escrow Items, Borrower <br />shall pay them in the manner provided in Section 3. <br />Borrower 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 to Lender, but only so long m <br />Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien m, <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 agreement satisfactory in <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, Lender ma yy give Borrower a notice identi fpng the lien. Within <br />l0 days of the date on which tint nonce is given, Borrower shall sa[isty the lien or take one or more off the actions set mrtn <br />above in this Section 4. <br />Lender may require Borrower In pay a one -time charge for a real estate tae 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 the Property <br />insured against loss by fire, hazards included within the term "extended coverage," and my other hazards including, but not <br />limited to, earthquakes and floods, for which lender regtaresinsurance. This insurance shall be maintained in the mounts <br />(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant m the preceding <br />sentences can change during the term n 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 zone <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 changes occur which reasonably [night 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 my 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 option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of <br />coverage. Therefore, such coverage shall cover Lender, but right 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 provirk, greater or lesser coverage <br />from the date of disbursement and shall be <br />payment. <br />All insurance policies required b, <br />with such interest, upon <br />and renewals of such o <br />NERRASKA-Singlc Family -- Fannie Ma✓Fr odic Mac UNIFORM INSTRUMENT <br />9754 CV (IM) (11981 <br />rots shall bear interest at the Note rate <br />from Lender to Burrower requesting <br />shall be subject to fender's right to <br />e Lender as mortgagee and/or as an <br />Form 3028 1 /01 (Pave 3 of8 gages) <br />GOID(M29bPo) <br />