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<br />200700404 <br /> <br />account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law <br />permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires <br />interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the <br />Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower <br />for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined <br />under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the <br />amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly <br />payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify <br />Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the <br />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 <br />Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable <br />to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on <br />the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these <br />items are Eserow 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 Instrument unless <br />Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to <br />Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or <br />defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the <br />enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or <br />(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security <br />Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over <br />this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date <br />on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above <br />in this Section 4. <br />Lcnder may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting <br />service 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 <br />hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This <br />insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender <br />requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to <br />disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower <br />to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification <br />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 <br />determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the <br />Federal Emergency Management Agency in connection with the review of any flood zone determination <br />resulting from an objection by Borrower. <br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, <br />at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or <br />amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, <br />Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and <br />might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of <br />the insurancc coverage so obtained might significantly exceed the cost of insurance that Borrower could have <br />obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower <br />secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of <br />disburscment and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac: UNIFORM INSTRUMENT <br /> <br />Form 3028 I/OI (page 5 of 13 pages) <br />