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<br />200511716 <br /> <br />the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make <br />such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Foods, <br />Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree <br />in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an <br />annual accounting of the F wlds as required by RESP A. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for <br />the excess funds in accordanec with RESP A. If there is a shortage of Funds held in escrow, as defined under RESP A, <br />Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make <br />up thc shortagc in accordanec with RESP A, but in no more than 12 monthly payments. If there is a deficiency of <br />Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower <br />shall pay to Lender thc amount necessary to make up the deficiency in accordance with RESP A, but in no more than <br />12 monthly payments. <br />Upon payment in full of all sums secured by this Security Instrunlent, Lender shall promptly refillld to Borrower <br />any Funds held by Lender. <br />4. Chargcs; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to <br />the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the <br />Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items <br />are Escrow Items, Borrower shall pay them in the manner provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrwnent unless Borrowcr: <br />(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only <br />so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against <br />enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien <br />while those proceedings are pending, but only until such proceedings are concluded; or (e) secures from the holder <br />of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrwncnt. If Lender <br />determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, <br />Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, <br />Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. <br />Lcnder may rcquire 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 <br />Property insured against loss by fire, hazards included within the tenn "extended coverage," and any other hazards <br />including, but 110t limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be <br />maintained in the amooots (including deductible levels) and for the periods that Lender requires. What Lender <br />requires pursuant to the preceding sentences can change during thc term of the Loan. The insurance carrier providing <br />the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall <br />not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- <br />time charge for flood 7.one detennination, certification and tracking services; or (b) a one-time charge for flood zone <br />determination and certification services and subsequent charges each time remappings or similar changes occur which <br />reasonably might affect such determination or certification. Borrower shall also be responsible for thc payment of <br />any fees imposed by the Federal Emergency Management Agency in connection with the rcview of any Oood zone <br />determination resulting from an objection by Borrower. <br />[fBorrowcr 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 wlder no obligation to purchase any particular type or anloilllt <br />of covcrage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's <br />equity in the Property, or the contents ofthe Property, against any risk, hazard or liability and might providc greatcr <br />or lesser coverage than was previously in cffect. Borrower acknowledgcs that the cost of the insurance coverage so <br />obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amoilllts disbursed <br />by Lender undcr this Section 5 shall bccomc additional dcbt of Borrowcr securcd by this Security Instrwncnt. Thesc <br />amounts shall bear intcrcst at the Note rate from tlle date of disbursement and shall be payable, with sueh interest, <br />upon notice from Lender to Borrower requesting payment. <br />All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to <br />disapprove sueh 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 thc policies and renewal certificates. If Lender requires, <br />Borrower shall promptly give to Lender all receipts of paid prClllitUns and renewal notices. If Borrower obtains any <br />form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of: the Property, such <br />policy shall include a standard mortgage clause and shall namc Lender as mortgagee and/or as an additional loss <br />payee. <br />In the event of loss, Borrower shall give prompt notice to the insuranec carrier and Lender. Lender may makc <br />proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any <br />insurance proceeds, whether or not thc underlying insurance was required by Lender, shall be applied to restoration <br />or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. <br />During such repair and restoration period, Lender shall have tlle right to hold such insurance proceeds tUltil Lender <br />has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, <br />provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and <br />restoration in a single payment or in a series of progress payments as the work is completed. Unless an agrecment <br />is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be <br />required to pay Borrower any interest or eanlings on such proceeds. Fecs for public adjusters, or other third parties, <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFrnv1 INSTRUM8'JT - MffiS <br />Form 3028 1/01 Page 4 of 1 0 <br /> <br />DocMagic;; e.!tiiJJfJfJiJ<fJ 800--649--1362 <br />www.c:iocrnagc.com <br /> <br />No3028.nvd 4. km <br />