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<br />wits to pay the amount due for as Escrow Item, Lender may exercise its rights under Section 9 and pay such amount aad <br />Borrower shall then be obligated under Section 9 to repay to bender aay such amount. Lender may revoke the waiver as to any <br />or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay <br />to Lender all Funds, and in such amounts, that are then required under this Section 3. <br />Lender may, at any time, collect aad hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the <br />time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Leader shall <br />estimate [he amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items <br />or otherwise in accordance with Applicable Law. <br />The Funds shall be held to as institution whose deposits are insured by a federal agency, instrumentality, or entity <br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall <br />apply the Funds to pay the Escrow Items no later than the time specified under R1;SPA. Lender shall not charge Borrower for <br />balding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays <br />Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made to <br />writing ar Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower aay interest <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 [he Funds as required by RESPA. <br />If there is a surplus of Funds heldtn escrow, as deftned under RESPA, Lender shall account to Borrower for the excess <br />funds in accordance with RESPA. If therets a shortage of Funds held is 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 in <br />accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held is escrow, as <br />defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount <br />necessary to make up the deficiency is 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 can attain 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 are Escrow Items, Borrower <br />shall pay them in the manner provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority aver 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 Leader, but only so long as Borrower <br />is performing such agreement; (b) contests the lien m good faith by, or defends against enforcement of the !ten ia, legal <br />proceedings which in Lender's opinion operate to 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 lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which <br />can attain prtority over this Security Instrument, Lender may give Borrower a nottce identifying the lien. Within 1.0 days of <br />the date on which that notice is given, Borrower shall satisfy the lien or take one ar more of the actions set forth above in this <br />Section 4. <br />Lender may require Borrower to pay a one-time charge far a real estate tax verification and/or reporting service used by <br />Leader in connection with this Loaa. <br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insut•ed against lass by fire, hazards included within the term "extended coverage," and any other hazards including, but not <br />limited to, earthquakes and floods, for which Lender requires insurance. This tnsurance shall be maintained in the amounts <br />(including deductible levels) aad for the periods that Lender requires. What Lender requires pursuant to the preceding <br />sentences can change during the term of the Laan. 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 />requtre Borrower to pay, in connectton with this Laan, either: (a) a one-tare charge for flood zone determination, certification <br />and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges <br />each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower <br />shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection <br />with the review of any flood zone determination resulting from an objection by Harrower. <br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's <br />option and Borrower's expense. Lender is under no obligation to purchase aay particular type or amount of coverage. <br />Therefore, such coverage shall cover Lender, but might or might not protect Horrower, Borrower's equity in the Property, or <br />the contents of the Property, against any risk, hazard or liability and might provide greater ar lesser coverage rhea was <br />previously in effect. Harrower acknowledges that the cost of the insurance coverage so obtatned might significantly exceed the <br />cost of insurance that Horrower could have obtained. Any amounts disbursed by Lender under this Section 3 shall become <br />additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the <br />date of disbursement and shall be payable, with such interest, upon 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 rtght 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 pohctes and renewal certificates. if Lender requtres, Borrower shall promptly gtve w <br />Lender all receipts of paid premiums aad renewal notices. If Borrower obtains any form of insurance coverage, not otherwise <br />required by Leader, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and <br />shall name Lender as mortgagee and/or as an additional lass payee. <br />In the event of loss, Borrower shall give prompt notice w the insurance carrier and Lender. Lender may make proof of <br />lass if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any insurance proceeds, <br />whether or not the underlying insurance was required by Lender, shall be 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 repatr and restoration 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 inspectton shall be undertaken promptly. <br />Lender may disburse proceeds far the repairs and restoration in a single payment or in a series of progress payments as the <br />work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance <br />proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or <br />other third parties, retained by Borrower shall not be paid out of the insurance proceeds aad shall be the sale obltgation 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 Harrower. Such insurance proceeds shall be applied in the order provided far in Section 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related <br />matters. If Borrower sloes not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a <br />claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, <br />or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to <br />any insurance proceeds in an amount 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 aay refund of unearned premiums paid by Borrower) under all insurance <br />~alicies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the <br />tnsurance proceeds either to repatr 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, establish, aad 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 for <br />at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be <br />unreasonably wtthheld, or unless extenuating ctrcurnstances exist which are beyond Borrower's control. <br />NEBRASKA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Bankers Systoms, Inc., St. Cloud, MN Form Mp-1-NE 8!1712000 (page 3 of 7p4gesJ <br />