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~~ ~~~~ ~~,,;~ , r 200909061 <br />fails to pay the: amount due for an Escrow item, Lender may exercise ifs rights under Sectian 9 and pay such amount and <br />Borrower shall,thea be; obligated under Section 9 to repay la Lender any such amount. Lender may revoke the waiver as to any <br />or all Escrow Items at any tmre by a notice given in accordance with Sectian 15 and, upon such revacation, Borrower shall pay <br />to Lendor all Funds, and in such amounts, that are then required under this Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the <br />time specified under RESPA, and (b) net to exceed the maximum amount a lender can require under RESPA. Lender shall <br />estimate the amount of I~"ends due on the basis of current data and rcasvnahle estimates of expenditures of future Escrow Items <br />or otherwise in accordance with Applicable I..,aw. <br />The rends shall he held in an institution whale deposits are insured by a federal agency, instrumentality, or entity <br />(including Lender, if Lender is an institution whose deposits arc so insured) or in any Federal Homo Lvan Bank. Lender shall <br />apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Leader shall not charge Borrower far <br />holding and applying the rends, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays <br />Borrawer interest vn the rends and Applicable Law porrnits I.,ender to make such a charge. Unless an agreement is made in <br />writing or Applicable Law requires interest iv he paid on the Funds, Lender shall not be required to pay Borrower any interest <br />or oarntngs an the Funds. Borrower and Lender can agree in writing, however, that interest shall he paid on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. <br />If there is a surplus of Funds held in cscraw, as defined under RESPA, Lender shall account to Borrawer for the excess <br />funds in accordance with RESPA. If there is a shartage of Funds held in escrow, as defined under RESPA, Lender shall notify <br />Borrower as required by RESPA, and Harrower shall pay to Lender the amount necessary to make up the shartage in <br />accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as <br />defined under RESPA, Lender shall notify Borrawer as required by RESPA, and Burrower shall pay to Lender the amount <br />necessary to make up the deficiency in accordan~.c with Rl3SPA, but in no rnorc than 12 monthly payments. <br />[Jpon payment in full of all sums secured by this Security Instrument., Lendor shall promptly refund tv Burrower any <br />Funds held by bender, <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and unpositivas attributable to the <br />Property which can attain priority over this Security Instrument, leasehold payments yr ground tools on the Property, if any, <br />and Community Association ])ues, tees, and Assessnronts, if any. To the extent. that these items are Escrow Items, Borrower <br />shall pay them in the manner provided in Section 3, <br />Harrower shall promptly discharge any 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 sv tang as Borrower <br />is performtng such agreement; (b) contests the lieu in good faith by, ar defends against enforcement of the lien in, legal <br />proceedings which is bender's opinion operate tv prevent the enforcement of the lien while those proceedings are pending, but <br />only until such proceedings are. concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender <br />subordinating the lieu to this Security Instrument. If Lender determines that any part of the Praperty is subject to a lion which <br />can attain prtortly over this Security Instrument, Louder may give I~orrower a notice identifying the lien. Within 10 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 />Soct.ion 4. <br />Lender tnay require Borrower to pay a one-tune charge for a real estate tax verification and/or reporting service used by <br />Lender in connection with this Loan, <br />5. Property Insurance. Borrower shall keep the improvetrtonts now existing ar hereafter erected on the Praperty <br />insured against loss by fire, hazards included within the term "Extended coverage," and any other hazards including, but net <br />limited ta, earthquakes and tlvods, far which Lender requires insurance. 't'his insurance shall he maintained in the amounts <br />(including deductible levels) and for t.hc periods that lender requires. What Lender requires pursuant to the preceding <br />sentences can change during the term of the i,,oan. The insurance carrier providing the insurance shall bo chosen by Borrower <br />subject to Lender's right to disapprove Borrower's choice, which right shall not bo exercised unreasonably. Lender may <br />requtre Borrower t.o pay, in connection with this Lvan, either; (a) a one-tune charge for tload zone determination, certification <br />and tracking services; or (h) a one-time charge for t7ood zone detcrtnination and certification services and subsequent charges <br />each time remappings or sirrailar c•hauges occur which reasnuably might all'cct such determination or certification. Borrower <br />shall also he respousible for the payment of any tees unposed by the t~ederal Emergency Management Agency in connection <br />with the review of any tlovd zone determination resulting from an ohlcction by Borrower. <br />If Borrower fails to maintain any of the coveragcr• described above, Lender may attain insurance coverage, at Lender's <br />opption and Borrower's expense. Lender is under no obligation to purchase any particular typo or amount of coverage. <br />Thorofare, such coverage shall cover bender, but might or might oat 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 in cflecl. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the <br />cost of insurance Thal Borrawer could have obtained. Any amounts disbursed by bender under this Section 5 shall became <br />additional debt of Iorrower secured by this Security Instrument. 'These amounts shall bear interest at the Note rate from the <br />date of disburseineut and shall he payable, with such interest, upon. notice from Lender t.v Borrower requesting payment. <br />All insurance policies required by Lender a.nd renewals a1' such policies shall bo subject to Lender's right to disapprove <br />such policies, shall include a standard inorigagc clause, and shall name: bender as mortgagee and/or as an additional loss payee. <br />Lender shall have the: right to hold the polictes and renewal certificates. if Lender requires, Barrowor shall promptly gtve to <br />Lendor all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise <br />required by Lender, I'or darrtage t.o, ur destruction of, the Property, such policy shall include a standard mortgage clause and <br />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 iusuranco carrier and Lender. Lender may make proof of <br />lass if not made promptly by borrower. Unless L,cnder and borrower otherwise agree in writing, nay insurance proceeds, <br />whether ar oat the underlying insw~ance was required by bender, shall he applied to restoration ar repair of the Property, if the <br />restoration or repair is economically feasible and l.,ender's security is not lessened. During such repair and restoration ported, <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 bender's satisfaction, provided shat such inspection shall bo undertaken promptly. <br />Lender may disburse proceeds (or the repairs and restoration in a single. payment or in a series of progress payments as the <br />work is completed. UWess an agreement is rn~rde in writing yr Applicable taw requires interest to be paid on such insurance <br />proceeds, Lender shall not he required to pay borrower any interest nr eariiings on such proceeds. Fees t'or public adjusters, or <br />other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of <br />Borrower. If the restoration or repair is not economically feasible yr Lender's security would be lessened, the insurance <br />proceeds shall be applied to the swirl 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 />If Borrower ahandans the Property, Lender may file, negotiate and settle any available insurance claim and related <br />matters. If Borrower does not respond within 30 days to a notice from bender that the insuraneo carrier has offered to settle a <br />claim, then Lender may negotiate and settle the claim. `1'he 30-day period will begin when the notice is given. In either event, <br />or if Lender acquires the I'ruperty under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to <br />any insurance proceeds iu an arnvuut not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any <br />other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrawer) under all insurance <br />~olicics covering the Property, insofar as such rights arc applicable to thr coverage of the Property. Lender may use the <br />insurance proceeds either to repair ar restore the Property or to pay arnouuts unpaid under the Note or this Security Instrument, <br />whether or not then due. <br />6. Occupancy. I~orrower shall occupy, establish, and use the Property as borrower's principal residence within 60 days <br />after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence far <br />at least one year after the dale of oceupa,ncy, unless Lender otherwise agrees in writing, which consent shall not be <br />unreasonably withheld, or unless extenuating circumstances exist which arc beyond Borrower's control. <br />NE6RASKA--Single Family-Fannie MaelFreddie Mao UNIFORM INSTRUMENT Form 302$ 1101 <br />6ankars sySCams, ins., sc. cic,,,a, nnN roan ono i ~NE' ar ~ ~~aooo (I~aRe .i of 7 pages) ~~ <br />