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~ 200909239
<br />fails to pay the antouut. due for an Escrow ltent, Lender Inay exercise its rights under Section 9 and pay such atnouut and
<br />Borrower shall Iheu be obligated under Section) to repay to Lender any such amount. Lender may revoke the waiver as to a.ny
<br />or all Escrow Itcrns at any t.itne by a notice given in accordauce with Section 15 and, upon such revocation, Borrower shall pay
<br />to bender all 1{'unds, and in such amounts, that are then required under this Section 3.
<br />Lender may, at. any time, collect and hold funds in au amount (a) sui'ficieni to permit. Lender to apply the Funds at. the
<br />tittle specified under R.ESPA, and (b) not to exceed the maxunutn amount. a lender can require under KESPA. I.,endcr shall
<br />estimate the amount. of Funds due on rite basis of current data and reasonable est.intates of expenditures of future Escrow Items
<br />or otherwise in accordauce with Applicable Law.
<br />The Funds shall he held in an institution whose deposits are insured by a 1'edcral agency, iust.rumeutality, or entity
<br />(including Louder, if Lender is an institution. whose deposits arc so insured) or in any Federal Home Loan Iiauk. Louder shall
<br />apply the l~uuds to pay the T;scrow items no later than the lime specified udder RESPA. Louder shall not charge Borrower for
<br />holding and applying the 1~'uuds, a.unually analyzing the escrow account, or verifying the L;scrow items, unless Lender pays
<br />Borrower interest on the Funds and Applicable Law perlnits Lender to make such a charge. LJnless an agreement. is made in
<br />writing or Applicable Law reyuires iut.erest t.o be paid on the h'uuds, Leader shall not be required to pay Borrower any interest
<br />or earnings on Lhe Funds. Borrower and Lender can agree in writing, however, that interest shall he paid on the funds. l.cnder
<br />shall give t.o Borrower, without charge, au aunua.l accounting of the Funds as reyuired by RESPA.
<br />If there is a. surplus of Funds held in escrow, as defined under RESPA, Lender shall account t.o Borrower for the excess
<br />funds in accordance with It1=,SPA. If there is a shortage of T'unds held iu escrow, as defined under RESPA, Lender shall notify
<br />Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage iu
<br />accordance with 12ESPA, but. in no more than 12 monthly payments. If there is a deficiency of Nuuds held in escrow, as
<br />defined under R]SPA, Lender shall notify Borrower as required by R]SI'A, and Borrower shall pay to Lender the amount
<br />necessary to make up the deficiency in accordance with IZESPA, but in no more than 12 monthly payments.
<br />tJpon payment. in full of all sums secured by this Security Instrument, Louder shall promptly refund to Borrower any
<br />Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pa.y all taxes, assessments, charges, fines, and impositions attributable t.o the
<br />Property which can at.l.aiu priority over this Security Instrument, leasehold payments or ground rents on the Prcrporty, if any,
<br />and Coltununity Associatiutt Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Itcttts, Borrower
<br />shall pay theta iu the manner provided in Section 3.
<br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
<br />iu writing to the payment of [Ito obligation secured by the lien in a manner acceptable to Lender, but only so long as borrower
<br />is pcrformmg such agreement.; (b) contests the lice iu good faith by, or defends against enforcement of the lien iu, legal
<br />proceedings which in Lender's opinion operate t.o 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 to l.his Security lnstrulnent. If Lender determines that any part of the Property is subject to a lien which
<br />can attain priority over ibis Security Instrument, Lender Wray give $orrower a notice identifying the lien. Within 10 days of
<br />rite Gate 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 />Louder Wray reyuirc Borrower to pay a Otte-t.ime charge for a real estate tax verification and/or reporting service used by
<br />Leader in connection with this Loau.
<br />S. Property Insurance. borrower shall keep Lhe improvements now existing or hereafter erected on the iroperty
<br />insured agaiusl. loss by fire, hazards included within fire term "extended coverage," and any other hazards including, but. not
<br />litnit.ed to, carthyuakes and floods, for which Louder requires insurance. 't'his insurance shall be maintained in the atttounts
<br />(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant. to the preceding
<br />sentences can change during lire teen of the Loau. 'The insurance carrier providing the insurance shall be chosen by I:3nrrower
<br />subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Leader Inay
<br />require Borrower to pay, in connection with this Loan, either: (a) a one-tune charge for flood zone deter7ttinatiou, certification
<br />and tracking services; or (h) a one-time charge for flood zone determination and certification services and subsequent charges
<br />each time rolttappings or siluilar changes occur which reasonably Inight. affect such detcrminatioct or certification. Borrower
<br />shall also be responsible i'ar the payment of any fees unposed by the Federal Emergency Management Agency in connection
<br />with the review of any Hood zone determination resulting froltt au ohjcction by Borrower.
<br />if Borrower fails to tttaiutain any of the coverages described above, Lender may obtain insurance coverage, at. Lender's
<br />option and Borrower's expense. Lender 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 eyuity in the Property, or
<br />the contents of the Properly, against any risk, hazard or liability and might provide greater or lesser coverage (ban was
<br />previously iu c17'ect. I3orrowcr acknowledges that rite cost of the insurance coverage so obtained might significantly exceed the
<br />cost. of insurance that Borrower could have obtained. Any arttouuts disbursed by Lender under this Section 5 shall become
<br />additional debt oT Borrower secured by this Security Iust.rument. These amounts shall bear interest at the Note rate from the
<br />dale. of dishurseutent and shall be payable, with such interest, upon. notice from Lender to Borrower requesting payment.
<br />All insurance policies reyutred by Lender 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 name Lender as mortgagee and/or as an additional loss payee.
<br />Lender shall have the right. to hold the policies and renewal certificates. If Lender rcqutres, Borrower shall promptly give to
<br />Louder all receipts of paid prentiurns and renewal notices. If Borrower obtains any form of insurance coverage, not. otherwise
<br />reyuired by l.,euder, for damage t.o, or destruction of, the Properly, such policy shall include a standard Inortgagc clause and
<br />shall uatne Lender as mortgagee and/oC as au additional loss payee.
<br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Louder. Louder Inay retake proof of
<br />Inns if not made promptly by I~orrower- finless Lender and Borrower otherwise agree in writing, any iusurauce proceeds,
<br />whether or not the underlying insurance was required by Lender, shall he applied t.o restoration or repair of the Property, if the
<br />restoration or repair is economically t'exsible and I.,onder's security is not lessened. During such repair and restoration period,
<br />Leader shall have the right Lo hold such insurance proceeds until Lender has had an opportunity to inspect. such Property to
<br />ensure the work Itas been completed to Lender's satisfaction, provided that such inspection shall be uuderta.keu promptly.
<br />Louder may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the
<br />work is completed. IJnless au agreement is made in writing or Applicable Law requires interest to he paid on such insurance
<br />proceeds, bender slta.ll not. be required to pay Borrower any interest. or earnings on such proceeds, Fees for public adjusters, or
<br />ot.lter third parties, retained by Borrower shall riot be paid out. of the insurance proceeds and shall be the sole obligation of
<br />Borrower. if t.ho restoration or repair is not CCOpO1IliGaily feasible or Lcndcr's security would be lessened, the insurance
<br />proceeds shall he applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any,
<br />paid to Borrower. Suclt insurance proceeds shall be applied in the order provided fctr in Section 2.
<br />If Borrower abandons the Property, Lender may file, negotiate and scale any available insurance claim and related
<br />Ittat.ters. If Borrower does trot. respond within 30 days to a notice tram I.,euder that the insurance carrier has offered to sonic a.
<br />claim, then Louder Inay negotiate and settle the clarrtt. The 3(.)-day period will begin when the notice is given. In either event,
<br />or it" Louder acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Under (a) Borrower's rights to
<br />any insurance proceeds in an amount not to exceed the alnount.s unpaid under the Note or this Security Instrunteru, and (b) any
<br />other of Borrower's rights (other than the right to any refund of unearned prcmiutns paid by Burrower) under all insurance
<br />policies covering the Property, insofar as such rights arc applicable to the coverage of the Property. I.,euder may use the
<br />iusurauce proceeds either to repair or restore the l'roperl.y or to pay amounts unpaid under the Note or this Secur-iry Instrument,
<br />whether or not theft due.
<br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days
<br />alter fire oxecutiou of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for
<br />at. least. one year al't.er the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
<br />unreasonably withheld, or unless extenuating circumstances exist. which are beyond Borrower's control.
<br />NEBRASKA---Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ ,Form 3028 7/01
<br />Bankers Systems, Inc., St. Claud, MN Form MD-1-NE 611 712 0 0 0 (/xi~r. -? n/'7/xekes) 4\tl\/V~
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