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<br />200708157 <br /> <br />The Funds shall be held in an institution whose deposits are insured by a federal agency instrumentality or entity (including <br />Lender, if Lender is an institution whose ~eposits <?~e so insured) or in any Federal Home Loan B~nk. Lender sha'1I apply the Funds to <br />pay the Escrow Items ~o later than the time speolfle~ u.nder RESPA. Lender shall not oharge Borrower for holding and applying the <br />Fun~s, annually analyzing the escrow account, or verifYing the Escrow Items, unless Lender pays Borrower interest on the Funds and <br />Appllc:able Law permits Lender to make suoh a oharge. Unless an agreement is made in writing or ~plicable Law requires interest to <br />be pal~ on t~~ Funds, Lender sh~1I not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can <br />agree In Writing, however, that Interest shall be paid on the Funds. Lender shall give to Borrower without charge an annual <br />acoounting of the Funds as required by RESPA. " <br /> <br />If there i:-; a surplus of Funds ~eld in escrow, as defined un.der RESP A, Lender shall account to Borrower for the excess funds in <br />acoordanoe With RESPA. If there IS a shortage of Funds held In esorow, as defined under RESPA, Lender shall notify Borrower as <br />~equlred by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA but <br />In no mo.re than until Lender'~ monthly payments. If there is a deficiency of Funds held in esorow, as defined under RESPA, Le~der <br />shall notify Borrower as reqUired by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in <br />accordance with RESPA, but in no more than until Lender's monthly payments. <br /> <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held <br />by Lender. <br /> <br />. 4. Cha.rge~; ~iens. B~Jrrower :-;hall pay all taxes, assessments, charges, fines, and impositions attributable to the Property <br />which P8:n attain priority over thiS Security In.strument, leasehold payments or ground rents on the Property, if any, and Community <br />Association DUes, Fees, and Assessments, If any. To the extent that these Items are Escrow Items Borrower shall pay them in the <br />manner provided in Section 3. ' <br />.. Borrower shall promptly di~ch~rge any lien which ~as priority over this Security Instrument unless Borrower: (a) agrees in <br />writing to the payment of the obligation secured by the lien In a manner acceptable to Lender, but only so long as Borrower is <br />performing such agreement; (b) contests the lien in good faith by, or defends against enforoement of the lien in, legal proceedings <br />which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such <br />pr~ceedin!;ls are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to <br />thiS Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this <br />Security Instrument, 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 used by Lender <br />in connection with this Loan. <br /> <br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured <br />against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, <br />earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including <br />deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change <br />during the term of the Loan. 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 unreasonablx- Lender may require Borrower to pay, in connection <br />with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge <br />for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur <br />which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees <br />imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting <br />from an objection by Borrower. <br /> <br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option <br />and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such <br />coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the <br />Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower <br />acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower <br />could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by <br />this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with <br />such interest, upon notice from Lender to Borrower requesting payment. <br /> <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 <br />shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts <br />of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for <br />damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as <br />mortgagee and/or as an additional loss payee. <br /> <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if <br />not made promptly by Borrower. Unless Lender and Borrower otherwise a~ree in writing, any insurance proceeds, 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 nght to <br />hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed <br />to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs <br />and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in <br />writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any <br />interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of <br />the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or <br />Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to the Borrower. Such insurance proceeds shall be applied in the order <br />provided for in Section 2. <br /> <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insuranoe claim and related matters. If <br />Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender <br />may negotiate and settle the claim. The 3D-day period will beQin when the notice is given. In either event, or if Lender acquires the <br />Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an <br />amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other <br />than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as <br />such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the <br />Property or to pay amounts unpaid under 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 <br />after the execution of tllis Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least <br />one year after the date of occupancy, unless Lender othen.'Vise agrees in writing, which consent shall not be unreasonably withheld, or <br />unless extenuating circumstances exist which are beyond Borrower's control. <br /> <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or <br />impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the <br />Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its <br />condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall <br />promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in <br />connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if <br />Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment <br />or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair <br />or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. <br /> <br />NEBRASKA-Single Femlly~Fannia Ma-'Freddle Mac UNIFORM INSTRUMENT <br />3028 NE DOT 01/01 PG3 <br /> <br />~m,","'~ (~~;:) jf-- <br />