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9 0 <br />200904852 <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 <br />rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the <br />extent that these items 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 <br />Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner <br />acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien <br />in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's <br />opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only <br />until such proceedings are concluded; or (c) secures from the holder of the lien an agreement <br />satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any <br />part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender <br />may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is <br />given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section <br />4. <br />Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or <br />reporting 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 <br />other hazards including, but not limited to, earthquakes and floods, for which Lender requires <br />insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the <br />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 <br />subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised <br />unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time <br />charge for flood zone determination, certification and tracking services; or (b) a one -time charge for <br />flood zone determination and certification services and subsequent charges each time remappings or <br />similar changes occur which reasonably might affect such determination or certification. Borrower <br />shall also be responsible for the payment of any fees imposed by the Federal Emergency Management <br />Agency in connection with the review of any flood zone determination resulting from an objection by <br />Borrower. <br />- If- Borrower fails to maintain any of the- coverages described above, Lender may obtain insurance <br />coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any <br />particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might <br />not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any <br />risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. <br />Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed <br />the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this <br />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 <br />such interest, upon notice from Lender to Borrower requesting payment. <br />All insurance policies required by Lendeti` and renewals of such policies shall be subject to Lender's <br />right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as <br />mortgagee and/or as an additional loss �ayee, Lender shall have the right to hold the policies and <br />renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid <br />premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise <br />required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard <br />mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may <br />make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in <br />writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall <br />be applied to restoration or repair of the Property, if the restoration or repair is economically feasible <br />and Lender's security is not lessened. During such repair and restoration period, Lender shall have the <br />right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to <br />ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be <br />undertaken promptly. 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. Unless an agreement is made in writing or <br />Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to <br />pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third <br />parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole <br />obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security <br />NEBRASKA ..St.& Family- Faeale M-117 addle Mac UNIFORM INSTRUMENT Fn 3029 1101 <br />0.2004 -2007 Copyright Compliance Systems, Inc, CD61)-9DBF - 2007.10.173 w .compliancesystems.com <br />Ri —to Fnmil� Rnnl FoMm _ Rne,alty tnsmimenr t)I. "47 Pave 4 of I 1 800.968 -8522 - Fax 616- 956 -1868 <br />