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<br />200601638 <br /> <br />however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as <br />required by RESPA. <br />Ifthere is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the cxecss funds in <br />accordance with RESP A. I fthere is a shortagc of Funds hcld in escrow, as defined under RESP A, Lender shall notify Borrower as required <br />by RESP A, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more <br />than 12 monthly payments. If there is a deficicney of Funds hcld in escrow, as defined under RESPA, Lcnder shall notity Borrower as <br />required by RESP A, and Borrowcr shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, but in <br />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 Funds held by <br /> <br />Lender. <br /> <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which <br />can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association <br />Dues, Fecs, and Assessmcnts, if any. To the extent that these items are Escrow Itcms, Borrower shall pay them in the manncr provided in <br />Section 3. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing <br />to the payment ofthc obligation secured by the lien in a manner acceptable to Lcndcr, but only so long as Borrower is pcrforming such <br />agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion <br />operate to prevent the enforcement ofthe lien while those proceedings are pending, but only until such proceedings are concluded; or (c) <br />secures from the holder of the licn an agreement satisfactory to Lender subordinating thc lien to this Security Instrument. If Lender <br />determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give <br />Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisty the lien or take one <br />or more ofthe actions set forth 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 /> <br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against <br />loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and <br />t1oods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the <br />periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The <br />insurance carrier providing the insurance shall be chosen by Borrower su~iect to Lender's right to disapprove Borrower's choice, which <br />right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge <br />for t100d zone dctcrmination, certification and tracking services; or (b) a one-time charge for flood zone detcrmination and certification <br />services and subsequent chargcs 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 Agency in <br />connection with the review of any flood zone determination resulting from an objection by Borrower. <br />If Borrower fails to maintain any ofthe coverages described above, Lender may obtain insurance coverage, at Lender's option and <br />Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall <br />cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, <br />hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost ofthe <br />insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed <br />by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear <br />interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower <br />requesting payment. <br />All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such <br />policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall <br />have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid <br />premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or <br />dcstruetion of: the Property, such policy shall include a standard mortgage clause and shall namc Lender as mortgagee and/or as an <br />additional loss payee. <br />In thc event of!oss, Borrower shall give prompt notice to the insurance carrier and Lender. Lcnder may make proof ofloss if not <br />made promptly by Borrowcr. Unless Lender and Borrower otherwise agree in writing, any insurance proeecds, whether or not the <br />underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is <br />economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold <br />such insurance proceeds until Lendcr has had an opportunity to inspect such Property to ensure the work has been completed to Lender's <br />satisfaction, providcd that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a <br />single payment or in a series of progress paymcnts as the work is completed. Unless an agrcement is made in writing or Applicable Law <br />requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />proceeds. Fees lor public adjusters, or other third parties, retained by Borrower shall not be paid out ofthe insurance proceeds and shall be <br />the sole obligation of Borrower. If the restoration or repair is not economically fcasible or Lender's security would be lessened, the <br />insurancc proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If <br />Borrower docs not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, thcn Lender may <br />negotiate and settle the claim. The 3D-day period will begin when the notice is given. In either event, or if Lcnder acquires the Property <br />under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to <br />exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any <br />refund of unearned prcmiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to <br />the coverage ofthe Property. Lender may usc the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under <br />the Note or this Security Instrument, whether or not then due. <br /> <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the <br />execution ofthis Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year aileI' <br />the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extcnuating <br />circumstances exist which are beyond Borrower's control. <br /> <br />7. Preservation, Maintenance and Protection orthe Property; Inspections. Borrower shall not destroy, damage or impair the <br />Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower <br />shall maintain the Property in ordcr to prevent the Property from deteriorating or decreasing in value duc to its condition. Unless it is <br />determined pursuant to Section 5 that repair or rcstoration is not economically feasible, Borrower shall promptly repair the Property if <br />damaged to avoid further deterioration or damage. If insurance or condemnation proceeds arc paid in connection with damage to, or the <br />taking of: the Property, Borrowcr shall bc responsible for repairing or restoring the Property only if Lender has released proceeds for such <br />purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work <br />is completed. If the insurance or condemnation proceeds are not sutlicient to repair or restore the Property, Borrowcr is not relieved of <br />Borrowcr's obligation for the completion of such repair or rcstoration. <br /> <br />NEBRASKA -Single Family-FannIe Mae/Freddie Mac UNIFORM INSTRUMENT <br />Page 3 of 7 <br /> <br />Form 3028 1/01 <br />Borrower(s) InilialsK ~ f\'~ t> <br /> <br />10$, Inc. - (800) 554-1872 <br />