2oo9osiss
<br />fails to pay rile amount. due fnr au Escrow Item, Lender may exercise its rights under Section 9 and pay such arnourtt and
<br />Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to auy
<br />or all Escrow ltenls at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay
<br />to Lender a.ll Funds, and in such amounts, that are tllen required under this Section 3.
<br />Lender may, at any tune, collect and hold Funds in an amount. (a) sufficient t.o permit Lender to apply the F'uuds al the
<br />time specified under R1SI'A, and (b) not to exceed the maximum amount a lender can require under 1ZESPA. Leuder shall
<br />estimate the amount. of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow hems
<br />or otherwise iu accordance with Applicable Law.
<br />The Funds shall be held iu an iust.itut.iou whose deposits are insured by a. federal agency, instrumentality, c-r enti.ty
<br />(including Lender, it Lender is au institution whose deposits are so insured) or in any Federal Home Loan Bauk, Leuder shall
<br />apply the Funds to pay the >;scrow Fterns no later than the [hoe specified under RESPA. Lender shall not charge Borrower for
<br />holding and applying the 1~unds, annually analyzing the escrow account, or verifying the l;scrow Items, unless Lender pays
<br />Borrower interest nn the Funds and Applicable Law permits Lender to make such a charge. Ilnless an a.greemeut. is made iu
<br />writing or Applicable l.,aw requires i-lterest to be paid on the Funds, Lender shall not he requiredi Co pay Borrower any itttcrest
<br />or earnings on the Funds. Borrower and Lender can agree in writing, however, that. interest. shall be paid on the Funds. Lender
<br />shall give to Borrower, without. charge, an annual accounting of the Funds as required by RESPA.
<br />Ff there is a surplus of Funds held iu escrow, as defined under R1;SPA, Lender shall account to Borrower for the excess
<br />funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify
<br />Borrower as required by R.T'SPA, and Borrower shall pay to Lender the amount. necessary to make up the shortage in
<br />accordance with RP.SPA, hut. in no rnnrc than 12 monthly payments. If Lhere is a deficiency of Funds held in escrow, as
<br />defined under RI/SI'A, Lcndcr .shall notify Borrower as required by KESPA, and Borrower shall pay to Lender the amount
<br />necessary to 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 to Borrower any
<br />Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
<br />Property which ca.n a.t.tain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,
<br />and Community Association Dues, Fees, and Assessments, if any. To the extent that these items arc >;scrow Items, l~orrower
<br />shill pay them iu the manner provided iu Section 3.
<br />Borrower shall promptly discharge auy lien which has priority over this Security Instrument unless Borrower: (a) agrees
<br />in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower
<br />is performing such agreement; (b) contests the lien in good faith by, ar defends against enforcement of the lien in, legal
<br />proceedings which iu L.ender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but.
<br />only until such proceedings arc concluded; or (c) secures from the holder of the lien an agreement. satisfactory to Lender
<br />subordinating the lien io this Security Instrument. If Leuder determines that any part of the Property is subject w a lied which
<br />can attain priority over this Security Instrument, Leuder may give Borrower a notice identifying the lien, Within 1l:) days of
<br />the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this
<br />Section 4.
<br />Lender may require Borrower to pay none-thee charge for a real estate tax verification and/or reporting service used by
<br />Lcndcr in connection with this Loan.
<br />5. Property Insurance. Borrower shall keep the improvements now existing or hereai`ter erected ou the Property
<br />insured against. loss by fire, hazards included within the term "extended coverage," and auy other hazards including, but not
<br />limited to, earthquakes and floods, for which Lender rcyuires insurance. This insurance shall be maintained in the autounts
<br />(including deductible levels) and for the periods that. Lender requires. What Lender rcyuires pursuant to rile preceding
<br />sentences can change 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 unreasonably. Lender may
<br />require Borrower to pay, in connection with this Loau, either: (a) a one-t.ime charge for flood zone dctertnination, certif`icaiian
<br />a.ud tracking services; nr (h) a one-tune charge for flood zone determination and certification services and subsequent. charges
<br />each tune remappings or similar changes occur- which reasonably might affect such dctet7nination or certificat.iciu. Borrower
<br />shall also he responsible fnr the payment of any ices imposed by the Federal Emergency Management Agency in connection
<br />with the review of any flood zone determination resulting from an objection by Borrower.
<br />if Borrower fails to maintain auy of the coverages described above, Lender may obtain insurance coverage, at I.,ender's
<br />option and Borrower's expense. Leuder is under uo obligation t.o purchase any particular type or arxtount of coverage.
<br />Therefore, such coverage shall cover Lender, but might or might. not. protect. Borrower, Borrower's equity in rite F'roperiy, or
<br />I.he contents of the Property, against auy risk, hazard or liability and might provide greater or lesser coverage tha.u was
<br />previously in effect. Borrower acknowledges that the cost. of the insurance coverage so obtained might significantly exceed the
<br />cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall bccotne
<br />additional debt of Borrower secured by this Security Instrument, These atnnunts shall hear interest at. the Note rate from the
<br />date of disbursement and shall he payable, with such interest, upon notice from Lender w Borrower requesting payment.
<br />All insurance policies required by Lcndcr and renewals of such policies shall be subject to Lender's right to disapprove
<br />such policies, shall include a standard mortgage clause, and shall narnc Lender as rtlortgagce and/or xs an addilioua.l loss payee.
<br />Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to
<br />Lcndcr all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise
<br />required by Leuder, for damage to, or destruction. of, the Property, such policy shall include a standard mortgage clause and
<br />shall name bender as -liortgagee 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 rnay make proof of
<br />loss if not. made promptly by Borrower. iJnless Lender and Borrower otherwise agree iu writing, any insurance proceeds,
<br />whether or not the underlying insurance was required by Lender, shall he applied to restoration or repair of the Property, if the
<br />restoration or repair is economically feasible and Lender's security is not lessened. During such repair and rest.oratiou period,
<br />Lender shall have the 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 undertaken promptly.
<br />Lender may disburse proceeds for the repairs and restoration iu a single payment or in a series of progress payments as the
<br />work is completed. Unless au agreement is made in writing or Applicable Law requires interest to be paid on such insurance
<br />proceeds, Leuder shall not. be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or
<br />ol.her Lhird parties, retained by Borrower shall not. be paid out. of the insurance proceeds and shall he the sole obligation of
<br />Borrower. If the restoration or repair is not. economically feasible or Lender's security would be lessened, the insurance
<br />proceeds shall. be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
<br />paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
<br />TI` Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and rela[cd
<br />matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carr-cr has olrlered to settle a
<br />claim, thou Leuder may negotiate and settle the claim. The 30-day period will begin when the notice is given, lu either event,
<br />or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lcndcr (a) l~orrower's rights to
<br />auy insurance proceeds in au amount not to exceed the amounts unpaid under the Note or this Security instrument, and (h) any
<br />other of Borrower's rights (other thou the right to auy refund of unearned premitiuns paid by Borrower) under all insurance
<br />policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lcndcr rnay use the
<br />irtsurarlce proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,
<br />whether or not. then due.
<br />6. Occupancy. Borrower shall occupy, estahl-sh, a-td use the Property as Borrower's principal residence within 60 days
<br />afl.er the execution of this Security instrument and shall continue to occupy the Property as Borrower's principal residence for
<br />at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not he
<br />unreasonably withheld, or unless extenuating circumstances exist. which are beyond Borrower's control.
<br />NEBRASKA-Sin le Famil Form 3028 1/07
<br />g y-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT )
<br />Bankers Systems, Inc., St. Claud, MN Farm MD 1 NE e~ni2ooo (pnge :i of 7pnges) ~~
<br />wt .r r} ~ J
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