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20090832. <br />.~~ ,^ y.e <br />fails to pay the amount due for au Escrow Item, Lender may exercise its rights under Section 9 and pay such azttoultt and <br />Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender tnay revoke the waiver as to any <br />or all Escrow Items at any tune by a notice given. in accordance with Section 15 and, upon such revocation, Borrower shall pay <br />to Lender all Funds, and iu such amounts, that are they required under this Section 3. <br />Lender may, at a_ny time, collect. and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the <br />time specified under RisSl'A, and (h) not t0 eXCeed the lnaxutlultl alllOUlll a lelldL'r Can Cequlre under RESPA, Lender shall <br />estitttate the amount of Funds due on the basis of current data and reasonable estultates of expenditures of future Escrow Items <br />or otherwise iu accordance with Applicable Law. <br />1'he Feuds shall be held itt an institution whose deposits are insured by a federal agency, instrutItentality, or entity <br />(including bender, if i.,ender is an institution. whose deposits are so insured) or in any Federal 1-lottte i,oalt Bank. Lender shall <br />apply the 1{'unds to pay the I?scrow Items tto later than the tune specified under RESPA. Lender shall not charge Borrower for <br />holding and applying the Feuds, annually analyzing the escrow account, or verifying rite Escrow Items, unless bender pays <br />Borrower interest. ou the Funds and Applicable La.w permits Lender to tttakc such a charge. tlnlcss an agreement is made iu <br />writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest <br />or earnings ou the Funds. Borrower and Louder eau agree in writing, however, that interest shall be paid on the Funds. Louder <br />shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. <br />1f there is a surplus of I~uztds held in escrow, as defined under RESPA, bender shall account to Borrower for the excess <br />funds iu accordance with Rl'SPA. If there is a shortage of Funds held iu escrow, as defined under RESPA, Leztdcr shall notify <br />Borrower as required by RT'sSPA, and Borrower shall pay to L,euder the amount necessary to make up the shortage in <br />accordance with RESPA, but in no more than 12 monthly payrueuts. If there is a deficiency of Funds held in escrow, as <br />defined under RESPA, Louder shall uotit'y Borrower as required by IZ.ESPA, and Borrower shall pay to Louder the amount <br />necessary to make up the deficiency iu accordance with R>/SPA, but iu uo more thou 12 tnotatltly payments. <br />tlpolt payment in full of all sums secured by this Security Ittstruttteut, I.,ender shall promptly refund to Borrower any <br />Funds held by I.,ender. <br />4. Charges; Liens. Burrower shall pay all taxes, assesstttents, charges, fines, and impositions attributable to the <br />Property which Gan attain priority over this Security Instrument, leasehold payments or ground rents ou the Property, if any, <br />and (;onuttuuity Association Dues, Pecs, and Assesstttents, if any. To the extent that these items arc Escrow Items, Borrower <br />shall pay them in the manner provided iu Section 3. <br />Burrower shall promptly discharge any lien which. has priority over this Security Instrument unless Borrower: (a) agrees <br />iu writing to the payment of the obligation secured by the lien in a manner acceptable to Louder, but only so long as Borrower <br />is perf'onning such agreement; (b) contests the lien in good faith hy, or defends against enforcement. of the lien iu, legal <br />pCOCEe(llttg5 Which ill Lender's opinion operate to prevent the eltf'urcetttent of the lieu while those proceedings are pending, but <br />only until such proceedings are concluded; or (c) secures from the holder of the lion au agrcen)cnt satisfactory to Louder <br />subordinating the licit to ibis Security Iustrutneut. If Lender deterzttiues that any part of the Property is subject to a lieu which <br />eau attain priority over this Sccuriry Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of <br />the date ott which that notice is given, Borrower shall satisfy the lieu or take ono. or more of the actions set. forth above in this <br />Section 4. <br />Louder may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by <br />L,endcr in couuectiou with this Loan. <br />S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on rite Property <br />insured against loss by fire, hazards included within the t.enn "extended coverage," and any other hazards iucludiug, but not <br />limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall he maintained in the atnouuts <br />(iucludiug deductible levels) and for the periods that I.,ender requires. What. Lender requires pursuant to the preceding <br />sentences Gan change during the teen of the Loan. The insurance carrier providing the iusurauce shall be chosen by Burrower <br />subject. to bender's right. to disapprove Borrower's choice, which right shall not he exercised uureasouably. Lender may <br />require Borrower to pay, iu couuectlon with this Loan, either: (a) a one-time charge for flood zone determination, certification <br />and tracking services; or (h) a one-time charge for flood zone detenniuatiou and certification services and subsequent charges <br />each time remapplttgs or su~tilar cltauges occur which reasonably might affect such deterntinattou or Gertificatiou. Borrower <br />shall also he responsible for rite payti.teut of any fees imposed by the L'ederal 1/mergeucy Mattagenteut Agency iu connection <br />with the review of any flood torte determination resulting front au. objection by Borrower. <br />If Borrower fails to maintain any of the coverages described above, Lender may obta.iu insurance coverage, at Lender's <br />option and Borrower's expense. [.,ender is under uo obligation to purchase any particular type or amount of coverage. <br />Therefore, such coverage shall cover Lender, but might or might not. protect Borrower, Borrower's equity in the Property, or <br />the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was <br />previously iu effect.. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the <br />cost of insurance that. Borrower Gould have obtained. Alty attlounts disbursed by Lender under this Section 5 shall become <br />additional debt of Borrower secured by this Security instrument. 'These alnoultts shall hear intcl-cst at the Note rate from the <br />date of disbursenteltt att(1 shall be payable, with such interest, up()n notice from Lender to Borrower requesting payment. <br />All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove <br />such politics, shall include a standard mortgage clause, and shall name I.ettdcr as mortgagee and/or as au additional loss payee. <br />Leader shall have the right. to hold rite policies and renewal certificates. If Lender requires, Borrower shall promptly give to <br />Leudotl' all receipts of paid prcntiuztts and renewal tltotices. If BorrOWer obtains any forte of iusurauce Govcrage, not otherwise <br />required by Leader, for datuage to, or destruction of, tkte Property, such policy shall include a standard tttortgage clause and <br />shall name Lender as utortgagee and/or as au additional loss payee. <br />In the event. of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Louder may make proof of <br />loss if not made promptly by Borrower. Unless Lcu(ler and Borrower otherwise agree iu writing, any iusurauce proceeds, <br />whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of rite Property, if the <br />restoration or repair is econott)ically feasible and Lender's sec~riry is not lessened. During such repair and restoration period, <br />Lender shall have the right to hold such iusurauce 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 he undertaken promptly. <br />Louder ntay disburse proceeds for the repairs and restoration iu a single payment or iu a series of progress payments as the <br />work is completed. [Jttless an agreement is made in writing or Applicable I,aw requires interest to be paid on such insurance <br />proceeds, I.,endcr shall not he required to pay Borrower any interest. or oarniugs on such proceeds. I'ccs fur public adjusters, or <br />other third parties, retained by Borrower shall nut be paid nut of the insurance proceeds and shall be the sole obligation of <br />Borrower. If the restoration or repair is uol econotttically feasible or Lender's security would be lessened, the insurance <br />proceeds shall he applied to the sums secured by this Security Iustruntent, whether or riot. thou due, wish the excess, if any, <br />patl(1 to .Borrower. Such insurance proceeds shall he applied in the order provided for in Section ?. <br />If Borrower abandons the Property, Louder may file, negotiate and settle any available insurance claittl and related <br />tttatters. 1f Borrower does not respond within 30 days to a notice from Lender that the iusurauce carrier has offered to settle a <br />claim, tltcu Lender tnay uego[iate atltd settle the claim. The 30-day period will begin when the notice is given. In either event, <br />or if I,euder acquires the Property under Section ?2 or otherwise, Borrower hereby assigns to Leudor (a) Borrower's rights to <br />any insurance proceeds in au arnouut not to exceed rite atnount.s unpaid under the Note or this Security Instrutttent, and (h) any <br />other of Borrower's rights (outer tlta.n rho right to any refund of unearned prenttutns paid by Borrower) under all insurance <br />policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender tray use the <br />zusurance proceeds either to repair or restore the Property or to pay atuoulns unpaid under the Note ur this Security Iustruntent, <br />whether ur not thezt due. <br />6. Occupancy. Borrower shall occupy, establish, attd use the Property as Borrower's principal residence within h0 days <br />after the execution of this Security Instrument altd shall continue to occupy the PropetTy as Borrower°s principal residence for <br />at least one year after rite date of occupancy, unless Leudor otherwise agrees in writing, which consent shall not be <br />uureasouably withheld, or unless extenuating ciretunstauces exist which are beyond Borrower's colural. <br />NEBRASKA--Sinflle Family-Fannie Mae; Freddie Mac UNIFORM INSTRUMENT Form 3028 7107 <br />Bankers Sysiems, Inc., St. Cloud, MN Forrr~ MD-7-IVE 8/17/2000 (/Nlkr± 3 qJ 7puges) ~/__~/!(!(L <br />