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<br />20070.t067 <br /> <br />~~29 <br /> <br />The Funds shall be held in an institution whose deposits are insured by a federal agency. instrumentality. or <br />entity (Including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan <br />Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender <br />shall not charge Borrower for holding and applying the Funds. annually analyzing the escrow account. or verifying <br />the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make <br />such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds. <br />Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree <br />In writing, however. that interest shall be paid on the Funds. Lender shall give to Borrower. without charge. an <br />annual accounting of the Funds as required by RESP A. <br />If there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account to Borrower for <br />the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESP A. <br />Lender shall notify Borrower as required by RESP A. and Borrower shall pay to Lender the amount necessary to make <br />up the shortage in accordance with RESPA. but in no more than 12 monthly payments. If there is a deficiency of <br />Funds held in escrow. as defined under RESP A. Lender shall notify Borrower as required by RESP A. and Borrower <br />shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP A. 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 impositions attributable to <br />the Property which can attain priority over this Security Instrument. leasehold payments or ground rents on the <br />Property, if any. and Community Association Dues. Fees, and Assessments. if any. To tbe extent that these items <br />are Escrow 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 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 attain 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 floods. 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 flood zone determination. certification and tracking services; or (b) a one-time charge for flood zone <br />determination and certiflcation services and subsequent charges eacb time remappings 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 liabiUty and might provide greater <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 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 <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 right 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 Lenderrequires. <br />Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains 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 event of loss, Borrower shall give prompt notice to the 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 /> <br />NEBRASKA--Slngle Family..Fannle Mae/Freddie Mac UNIFORM INSTRUMENT. MERS <br />Form 3028 1/01 (02/01/07) Page 4 of 11 <br /> <br />DocMag/c ~ 801).649-1362 <br />www.docmagic.com <br /> <br />Ne3028.mzd <br />