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<br />200512395 <br /> <br />Items for which payment of Funds has been waived hy Lender and, if Lender requires, shall fumish to Lender receipts <br />evidencing such payment within such timc period as Lender may require. Borrower's ohligation to makc such payments and <br />to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instmment, as <br />the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to <br />a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and <br />pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may <br />revoke the waiver as to any or all Escrow Items at any time by a notice given in accordanee with Section 15 and, upon such <br />revocation, 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 to apply the Funds at the <br />time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall <br />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 Applicahle 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 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 for <br />holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays <br />Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in <br />writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest <br />or eamings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. <br />Lender shall give to Borrower, without charge, an annual accounting ofthe Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the excess <br />funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA. Lender shall <br />notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in <br />accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as <br />defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount <br />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 attributahle 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) agrees <br />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 ffi1 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 used by <br />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 loss hy fire, hazards included within the tenn "extended coverage," and any other hazards including, but not <br />limited to, earthquakes and 1100ds, 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 hy Borrower <br />subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonahly. Lender may <br />require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for 1100d zone detennination, <br />certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and <br />subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or <br />certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management <br />Agency in eonneetion with dle review of any flood zone determination resulting from an objeetion by Borrower. <br /> <br />NEBRASKA-Single Fmnily-Fannle MaeIFreddle Mac UNIFORM INSTRUMENT <br /> <br />ITEM 1 915L4 (0011) MFNE3111 <br /> <br />(Page 4 qf 11 pages) <br /> <br />Form 3028 1/01 <br />4000574788 GREATLAND. <br />To Order Call: 1-800-530-9393 n Fax; 616-791-1131 <br />