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200500070 <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, Instrumentality, or entif (including <br />Leader, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply I a Funds to <br />ppay the Escrow Items no later than the time specified under ROSPA. Lender shall not charge Borrower for holding and applying the the unds and <br />Fundcable Law permne Lender to make account, ch charge.. the ann agreements made Loader <br />n writing or Applicable interest on interest to <br />Applicable <br />on the Funds, Lender shall not be required to pay Borrower any Interest or earnings an 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 />accounting of the Funds as required by RESPA. <br />If there is a sufplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrowertorthe excess funds in <br />, ia, c., PA If rhare is a shorteae of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as <br />in no more than until Lenders monthlyy ayymeand If there is h deficiency o Lender Funds e m escrow, as <br />shall notify Borrower as required by RfPSPA, 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 Lenders monthly payments. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds hold <br />by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and i n osiflons attributable to the Property <br />which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Communit y <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 discharge any lien which has 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 />pedortning such agreement; (b) contests the lien in ggood faith by, or defends against enforcement of the lien in, legal proceedings <br />which in Lenders opinion operate to prevent the enforcement of the lien while those proceedings ors pending, but only until such <br />proceedings are concluded; or (c) secures from the holder of the Ilan an agreement satisfactory to Lender subordinating the lien to <br />this Security Instrument. If Lendder determines that any ppart of the Property Is subl'ect to a Ilan which can attain priority over this <br />Security Instrument, Lender may give Borrower a noise Identllying 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 sat forth above in this Sector 4 <br />Lender ra require Borrower to pay a one -lime charge for a real estate tax verlflcalion and/or reporting service used 6y Lender <br />in connection witK this Loan. <br />6. 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 requies pursuant to the preceding sentences can change <br />during the term of the Loan. The insurance carrier pproviding the insurance shall be chosen by Borrower subject to Lenders right to <br />disapprove Borrower's choice, which right shall not be exercised unreasonably. 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 -lime charge <br />for flood zone determination and certification services and subsequent charges each time remappings or similar than es occur <br />which reasonably might affect such determination or cedttioalion. Borrower shall also be respons161e for the payment a any fees <br />imoosed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting <br />imm an cojecuon or oortower. <br />It Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lenders option <br />and Borrowers expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such <br />coveragye shall covert' Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the <br />. Borrower <br />acknowledges that the Icost of the Ineuranceacoverage so ob ainedam ght s gait catty exceed iheacost of Insurance ichat 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 al the Note rate from the date of disbursement and shall be payable, with <br />such interost, upon notice from Lender to Borrower requesting payment. <br />All insurance policies required by Lender antl renewals of such policies shall be subject to Lender's right to disapprove such <br />policies, shall include a standard mortgage clause, antl shall name Lender as mortgagee ancUor as an additional loss payee. Lender <br />shall have the right to hold the policies and renewal certificates. It Lender requires, Borrower shall promptly give to Lender all receipts <br />of paid premiums and renewal notices. If Borrower obtains any Conn 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 adtlifional lass payee. <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 agree in writing, any Insurance pro ceeds, 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 Lenders security is not lessened. During such repair and restoration period, Lender shall have the right to <br />hold such insurance proceeds until Lender has had an o portunity to Inspect such Pro perty to ensure the work has been completed <br />to Lenders satisfaction, provided that such inspection shall be undertaken promptly Lender mayy 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 />Lenders 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 />It Borrower abandons the Property, Lender may file, negotiate and settle any available insurance 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, than Lender <br />may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or A Lender acquires the <br />Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrowers rights to any insurance pproceeds 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 Pro perty. 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 />6. Occupanty. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within 60 days <br />after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least <br />one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or <br />unless extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Proper In <br />impair the Property, allow the Property to deteriorate or commit waste on t e Pr <br />Property, Borrower shall maintain the Property in order to prevent the Property f <br />condition. Unless it is determined pursuant to Section 5 that repair or reston <br />promptly repair the Property if damaged to avoid further deterioration or damage. <br />connection with damage to, or the taking at, the Propert y, Borrower shall be respc <br />Lender has released proceeds for such purposes. Lender may disburse proceed! <br />or in a series of progress payments as the work is completed. If the insurance or <br />or restore the Property, Borrower is not relieved of Borrowers obligation farina co <br />NEBflAS"US!gls Fuijy_FU,. MWFr I. Mac UNIMO.Ia9TRUMENr <br />M25 NE DOT O1N1 P03 <br />orrower shall not destroy, damage or <br />or or not Borrower Is residing in the <br />ng or decreasing in value due to its <br />Dnomically feasible, Borrower shall <br />condemnation proceeds are paid In <br />[ring or restoring the Property only it <br />and restoration In a single payment <br />proceeds are not sufficient to repair <br />h repair or restoration. <br />Fam 3028 1M1 er 7pgr) , Nr- <br />