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200905121 <br />1877121322 <br />time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, <br />annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower <br />interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is <br />made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required <br />to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, <br />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 RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to <br />Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, <br />as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay <br />to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than <br />12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender <br />shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to <br />make up the deficiency in accordance with RESPA, 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 <br />to Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions <br />attributable to the Property which can attain priority over this Security Instrument, leasehold payments or <br />ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. <br />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 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 in <br />good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion <br />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 <br />subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is <br />subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a. <br />notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall <br />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 <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 <br />on the Property insured against loss by fire, hazards included within the term "extended coverage," and <br />any 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 shall <br />also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency <br />in connection with the review of any flood zone determination resulting from an objection by 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 />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 30281/01 <br />First American Loan Production Services ()nage 6 of 16) <br />First American Real Estate Solutions LLC <br />FALPS# QJ25 : 06/08 <br />