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<br />200702733 <br /> <br />shall 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 Applicable 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 <br />shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shall not charge <br />Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless <br />Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an <br />agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay <br />Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be <br />paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. <br />If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the <br />excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender <br />shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the <br />shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in <br />escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the <br />amount necessary to make up the deficiency in accordance with RESP A, 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. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that <br />Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If <br />under Section 21 the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply no later than <br />immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application <br />as a credit against the sums secured by this Security Instrument. <br />4. Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust, or <br />other security agreement with a lien which has priority over this Security Instrument. Borrower shall pay when due, all taxes, <br />assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security <br />Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and <br />Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in <br />Section 3. <br />Borrower shall promptly discharge any lien other than a lien disclosed to Lender in Borrower's application or in any <br />title report Lender obtained which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the <br />payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing <br />such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which <br />in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such <br />proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the <br />lien to this Security Instrument. <br />Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used <br />by Lender in connection with this Loan if allowed under Applicable Law. <br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not <br />limited to, earthquakes and floods, 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 by <br />Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised umeasonably. Lender <br />may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, <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 <br /> <br />Nebraska Deed of Trust-Single Family-Secondary Lien <br />-THE COMPLIANCE SOURCE, INC.- <br />.WWw.compliancesoun.:e.com <br /> <br />Page 5 of 12 <br /> <br />MERS Modified Form 3801 01/01 <br /> <br />Modified By "The Compliance Source, Inc.'~ 14102NE 03/02 <br /><!'.n002, T1le Compliance Source. 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