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200214013 <br />If Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount <br />to pay any late charge due, the payment maybe 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 offs e 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 fidlpayment ofone 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 ofpaymenis, insurance proceeds, or Miscellaneous Proceeds to pnnci pat due under the Note <br />shall not extend or postpone the due date, or change the amount, of Periodic Payments. <br />3. Funds for Escrowltems. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, <br />until the Note is paid in full, a sum (the "Funds ") to provide for payment ofamounts due for: (a) taxes and assessments and <br />other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold <br />payments or ground rents on the Property, fany; (e) premiums for any and all insurance required by Lender under Section 5, <br />and (d) Mortgage Insurance premiums, ifany, or any sums payable by Borrower to Lender in lieu ofthe payment of-Mortgage <br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items " Manipulation <br />or at anytime during the term ofthe Loan, Lender may require that Community Association Dues, Fees, and Assessmear it <br />any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow [tem. Borrower shall promptly <br />banish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items <br />unless Lender 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 Fund's for any or all Escrow Items at any time. Any such waiver may only be in writing. Indic <br />event ofsuch 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 by Lender and, if Lender requires, shall famish 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. IfBorrower is obligated to pay Escrow Items directly, pursuant to a waiver, <br />and Borrower fails to pay the amount due for an Escrow Item, Leadermay, exercise its rights under Section 9 and pay such <br />amount end Borrower shall then be obligated under Section 9 to repayto Lender anysuch 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) sufficientto permit Lender to applythe 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 ofexpenditures offihmre 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, ifLender 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 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 pay 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 ofthe Funds as required by RESPA. <br />Ifthere 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. [fibers 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 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 PoII stall sums secured by this Security Instrument, Lender shall promptlyrefund 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 Secm'ity Instrument, leasehold payments or ground rents on the Property, ifany, <br />and Community Association Dues, Fees, and Assessments, ifany. 'I o the extent that these items are Escrow Items, Btu rower <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 ofthe 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 ofthe 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 ofthe lien an agreement satisfactory to <br />Leader subordinating the lien to this Security Instrument. IfLender determines that any part ofthe Property is subject to a <br />Tien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within <br />10 days ofthe date on which that notice is given, Borrower shall satisfy the lien or lake one or more ofthe actions set forth <br />above in this Section 4. <br />Lender may require Borrower to pay 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 tern "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 -time charge for flood zone <br />delertrtnation, certification and tacking 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 ofthe 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[Bader,butmight or might not protect Borrower, Borrower's equity in the <br />Property, or the contents ofthe Property, against any risk, hazard or liability and night provide greater or lesser coverage <br />Prom 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 certificates. If Lender requires, Borrower <br />shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form ofirmil nce <br />NEBRASKA -S Ec Family - Fannie Mae /Fre00ie Mac UNIFORM INSTRUM ENT Form3028 1 /01 /pnye3 ofd pngerh <br />98i.CVt ton G12115 <br />