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200214263 <br />If Lender receives o payment from Borrower for a delinquent Periodic Payment which includes a sufficientamounl <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 Burrower to the repaymentof tire 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 may be applied to any late charges due. Voluntary <br />prepayments shall be applied first to any to epavinent charges and then as described in the Note. <br />Any application of payments', i tormeec proceeds. on Miscellaneous Proceeds to principal due under the Note <br />,hall not extend or postpone the due date, or change the amount of the Periodic Payments <br />3. Funds for Escrow Items. Burrowers hall pay m Lender on the day Periodic Paynems we due under the Note. <br />until the Note is paid in full, u sum (die "Funds') to provide for payment of amounts due for: (a) taxes and assessments and <br />other iteng which can attain priority over this Security instrument as a lien nr encumbrance on the Property, (b) leasehold <br />payments or ground rents on the Property, if any, (c) pre miums for any and all insurance required by Lender under Section 5; <br />and (d) Mortgage Insurance premiums, if any, of any sums payable by Borrow or to Yoder in lieu of the payment of Mortgage <br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items" At origination <br />or at any time during the term ot the Loan, Lender mvy l'equire[hal Community Association Dues, Fers,Laid Asse,ontar'd <br />any, be escrowed by Borrower, and such dues, fees and assessments shall bean Escrow Item Borrower shall promptly <br />furnish 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 Funds for any or all Uscrow Items at anytime, Any such waiver may only be in writing. lathe <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 by Lender and, of Lender requires, shall furnish to lender receipts evidencing such <br />paymem within such time period as Leander may require. Borrower's obligation to make such payments and to provide <br />rewipls shall for all purposes be deemed to be a covenant and agreement contained in this Security instrument, as die phrase <br />"covenant and agreement" is used in Section 9. If Bon'ower is obligated to pay Escrow Items directly, pursuant o a waiver, <br />and Borrower fails to pay the amount due for an Escrow Item, (ender may exercise its rights under Section 9 and pay such <br />amount and Borrower shall then be obligated under Section 9 to repay to [render 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 ate 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 or correct data and reasonable estimates of expcndltures of future Escrow <br />Item, 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 emits <br />( including Lender, dl ender is an institution whose deposits are so insured) or in anyFederal 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 uialyzing the ewrow account, or verifying the Escrow Items, unless Lender <br />pays Borrower interest on the Funds and Applicable I tw permits I ender 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 [[to <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 or Funds held in escrow, is defined under RESPA, Lender shall account to Borrower for the <br />excess funds in accordance with RESPA It there is it 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 m 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 />esamw, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall payto 7 ender the <br />amount necessary to make kip the deficiency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in full efall sums secured bythis Securitylnstrumem. Lender shall promptlyretund to BOnowerany <br />Funds held byIender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributableto the <br />Property which can attain priority over this Security lmtrummnl, 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 Gems, 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 />Burrower is performing such agreement; (b) contests the lien in good taith by, or defends against enforcement of the lien in, <br />legal proceedings which in Lender's opinion operate m prevent the enlirecemeat 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 an agreement satlsti ctoryto <br />Lender subordinating the lien to this Security Instrument. If Londcr determines [hat any part or (lie 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 date on which that notice is given, Borrower shall satisfy the lien ur take ,an or more of the rations set forth <br />above in in,, 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 Properly <br />insured against loss by tire, hazards included within the term "extended coverage,' and any other hazards including. but not <br />limited to, earthquakes and Floods, for which i ender requires insurance. This insurance stall be maintained in the amounts <br />(including dcduclihle 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 sub) nor to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. <br />Leader 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; of (b) a one -time charge for flood zone determination and certification <br />services and subsequent charges each time remappings m similar changes occur which reasonably might affect such <br />determination or certification. Borrower shall also be responsible lot the payment of any fees imposed %y 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 shove, render may obtain insurance arverage, 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 (overage 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 the i murance coverage so obtained mightsigmilicandy <br />exceedthecostofineuranecther Burrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall <br />become additional debt or Borrower secured by this Security Instrument These amounts shall bear interest at the Nom 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 tight to hold the policies and renewal certificates- It Lander requires. Borrower <br />shall promptly give to Lender all receipts of tend premiums and renewal notices. If Borrower obtains any form of insurance <br />NEBRASKA Slagle Family— FenaieMae /keeddre Mac t-NIFORM INSTRUMENT Fm'm3028 1 /01 <br />115..(111 /.11 161_99+1 <br />Is 1101011111)111, <br />