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200213471 <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 h) 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 that, each payment can be paid in full. To the extent that any excess exists after the payment is <br />applied to the full payment of one or more Periodic Payments, such excess maybe applied to any late charges due. Voluntary <br />prepayments shall he 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 It ems. Borrower shall pay to Lender on the day Per iodic Payments are due under the Note, <br />antiI 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 Insh'unhent as a lien or ericumbianceon 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 />or at any tine during tie term of the Loan, Lender may require that Community Association Dues, Fees, and AssessmenG,if <br />any, be escrowed byy Borrower, and such dues, tees and assessments shall be an Escrow Item. Borrower shall promptly <br />Ihrrish to Lender allnotices ofamounts to be paid under this Section Borrower shall pay Under theFunds for Escrow Items <br />unless Lender waives Borrower's obligation to ppay the Funds ter any or all Escrow Items. lender may waive Borrower's <br />obligation to pay to Lender Funds for any or all Fscrew Items at any time. Aug 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 items for which <br />payment of Funds has been waived y 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 deemed 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 Lscrow Items directly, pursuant to a waiver, <br />and Burrower fads to pay ire amount due for an Escrow Item, Lender may exercise its rights under ection 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 any tune 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 reqquired under this Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sofficient 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 tie amount of Funds due on the basis of current data and reasonable estimates ofexpenditures offumre Escrow <br />Items or otherwise in accordance with Applicable l sw. <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 I Lome 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 he paid on the Funds, Lender shall not be required to ppay Borrower <br />any ineresI ur earrings on the Funds. Bear to" 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 RL'SPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Bonower 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 Bonower as required by RESPA, and Boa i ower 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 promptlyiefund to Borrower arty <br />Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessnents, charges, fares, and impositions am dutiable to the <br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, it any. <br />and Community Association Dues, Fees, and Assessments, if any. To die 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 agrcchrmnt; (h) 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 hen while those proceedings are <br />pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien un agreement satisfactory to <br />Lender subordinating the lien to this Security Instrument. if Lender determines that any part at the Property is subject to a <br />Tien which can attain priority over this Security lnstument, Lender may give Bar ower a notice identifying the lien. Within <br />lU days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more a 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. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against Toss 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 far the periods that lender requires. What tender 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 />Bortower subject to Lender's Tight to disapprove Borrower's choice, which right shall not he 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 might affect such <br />determination or certification. Borrower shall also he 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 Bom)wer. <br />It Borrower tails to maintain any of the coverages described above, Lender may obtain insurance coverage, at <br />Lender's option and Borrower's expense. Gander is under no ohligation to purchase any particular type or amount of <br />coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrowers 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 obtuined might significantly <br />exceed the costohm,mance that Borrower could havcomained. Any amounts disbursed by Under 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 dam of disburscmcn[ 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 mortggage clause, and shall name Lender as mortgagee and/or as an <br />additional loss payee. Lender shall have in right to hold the policies and renewal certificates. If Under requires, 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 Factly— Fannie Max /treddic Mae UNIFORM INS 'IRUMEN'f Form 3028 1/01 (page 3 ef3 pages) <br />9754 CV (1W) 162.53 <br />GOTO(0003ectla1 <br />