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<br />200604085 <br /> <br />shall pay to Lender the amount necessary to make up the deficiency In accordance with RESPA, but In no more than <br />12 monthly payments. <br />Upon payment In full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and Imposllions attributable to <br />the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the <br />Property, lfany, and Community Association Dues, Fees, and Assessments, ifany. To the extent that these items <br />are Escrow Items, Borrower shall pay them in the manner provided in Section 3. <br />Borrower shall promplly discharge any lien which has priority over this Security Instrument unless Borrower: <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 (c) secures from the holder <br />of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender <br />determines that any part of the Property Is subject to a lien which can altaln 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 />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 <br />Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards <br />including. but not limited to. earthquakes and fioods. for which Lender requires Insurance. This insurance shall be <br />maintained In the amounts (Including deductible levels) and for the periods that Lender requires. What Lender <br />requires pursuant to the preceding sentences can change during the 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 fiood zone determlnallon, certification and tracking services; or (b) a one-time charge for flood zone <br />determination and certification services and subsequent charges each time remapplngs or similar changes occur which <br />reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of <br />any fees Imposed by the Federal Emergency Management Agency In connection with the review of any flood zone <br />determination resulting from an objection by Borrower. <br />If Borrower 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 under no obligation to purchase any particular type or amount <br />of coverage. Therefore. such coverage shall cover Lender, but might or might not protect Borrower. Borrower's <br />equity In the Property, or the contents of the Property, against any risk. hazard or liability and might provide grealer <br />or lesser coverage than was previously In effect. Borrower acknowledges that the cost of the insurance coverage so <br />obtained might significantly exceed the cost ofinsurance 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 <br />amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable. with such 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 rigbt 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. <br />Borrower shall promplly give to Lender all receipts of paid premiums and renewal notices. If Borrower oblalns 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 name Lender as mortgagee and/or as an additional loss <br />payee. <br />In the evenl of loss, Borrower shall give prompl notice to Ihe Insurance carrier and Lender. Lender may make <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 the 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 the right to hold such insurance proceeds until 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 promplly. 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 agreement <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 earnings on such proceeds. Fees for public adjusters, or other third parties. <br />retained by Borrower shall not be paid out of the Insurance proceeds and shall be the sole obligation of Borrower. <br />If the restoration or repair is not economically feasible or Lender's security would be lessened. the insurance proceeds <br />shall be applied to the sums secured by this Security Instrument, whether or not then due. with the excess, if any, paid <br />to Borrower. Such Insurance proceeds shall be applied In the order provided for In Section 2. <br />If Borrower abandons Ihe Property, Lender may flIe, negotiate and settle any available Insurance claim and <br />related matters. If Borrower does not respond within 30 days 10 a notice from Lender that the Insurance carrier has <br />offered to settle a claim, then Lender may negotiate and setlle the claim. The 30-day period wl11 begin when the <br />notice is given. In either event, or if Lender acquires the Property under Section 22 or olherwlse, Borrower hereby <br />assigns to Lender (a) Borrower's rights to any insurance proceeds In an amount not to exceed the amounts unpaid <br />under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund <br />of unearned premiums paid by Borrower) under all insurance policies covering the Property, Insofar as such rights <br /> <br />NEBRASKA..Single Family..Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Form 3028 1/01 Page 4 of 1 1 <br /> <br />DocAfllglc ~ 800-649-1362 <br />www.docmagic.com <br />