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200210090 <br />If Lender revives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount <br />Io 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 to the extent Nat, each payment can be paid in full. To the extent that my excess exists after the payment is <br />applied to the PoII payment of one or more Periodic Payments, such excess may be applied to any late 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 Lender on the day Periodic Payments are due under the Note, <br />unfit the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and <br />other items which can attain priority over this Security Instrument as alien or encumbrance on the Property; (b) leasehold <br />payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; <br />and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in Iieuof the paymenmfMortgage <br />Insurance prentiums in acordance with the provisions of Section 10. These items arecalled "Escrow Items. Atorigination <br />or et any timeduringthetarm of the Loan, Lender may reguirethat Community Association Dues, Fees,and Assessments,if <br />any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly <br />furnishto Lender all notices of amounts to be paid under thisSection. Borrower shall pay Lender the Funds for Escrow Items <br />unless Lender waives Borrower's obligation [o pay the Punds for any or all Escrow Items. Lender may waive Borrower's <br />obligation [o pay to Lender Funds for any or all Escrow Items a[ <br />anytime. Any such waiver may only be in writing. In the <br />event of such waiver, Borrower shall pay directly, when and where payable, Ne amounts due for any Escrow Items for which <br />payment of Punds 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 shell for all purposes be deemed m be a ovenantand agreement contained in this Sevrity Instrument. as Nephrase <br />"covenant and agreement" is used in Section 9. If Borrower is obligated to payEscrow 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 to repay to Lender any such amount lender may revoke the <br />waiver as to any or all Escrow Items at anytime by a notice 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) sufficient to permit Lender in 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 of expenditures 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 a federal agency, instrumentality, or entity <br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Iran 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 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 gay Borrower <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 shat l 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 Borrower as required by RESPA, and Borrower shall pay to 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 of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower 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. To 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 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 are concluded; or (c) secures from the holder of the lien an agreement satisfactory to <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 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. Propertylnsurance. 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 any other hazards including, but not <br />limited to, earthquakes and floods, for which Lender requires insurance. This 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 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 -lime 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 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 in coverage, at <br />Lender's option and Borrower's expense. Lender is under no obligation m purohase tiny particular type or amount of <br />coverage. Therefore, such coverage shall ever Lender, 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 Nat the ostof the insurance overage so obtained mightsipnificandy <br />exceed the cost.finsurance Nat Borrower could have oburnad. Any a mounts disbursed by Lender under this Secnon5shall <br />become additional deb[ of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate <br />from he 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 such policies shall be subject to Lender's right to <br />disapprove such policies, shall include a standard mortgage clause, e, and shall name cater. as mortgagee and/or Borrower an <br />additionalloss payee. Lender shall eipts of paid r holdthepolicies and renewalcert ificates .Iflenderrequires,surmce <br />shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains anyform of insurance <br />NEBRASKA - -Single Family - Fannie M.dFreddie MU UNIFORM INSTRUMENT Form3028 1 /01 (page3,f8poges) <br />9750.CV (bn2) Gn812 <br />60,0, LU95l <br />