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<br /> <br /> 1 601 201001215 <br /> fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and <br /> Borrower shall then be obligated under Section 9 to repay to Lender any 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 and 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. Lender shall <br /> estimate the 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 in an 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 RESPA. Lender shall not charge Borrower for <br /> holding 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 in <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 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 /> If there is a surplus of Funds held in escrow, as defined under RESPA, 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 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 in 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 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 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 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, or defends against enforcement of the lien in, legal <br /> proceedings which in Lender's opinion operate to revent 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 priority over this Security Instrument, Lender may give Borrower 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 /> Section 4. <br /> Lender may require Borrower to pay a one-time 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 improvements now existing or hereafter. erected on the Property <br /> insured against loss 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 insurance shall be maintained in the amounts <br /> (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the 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 Loan, either: (a) a one-time 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 Borrower. <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 any particular type or amount of coverage. <br /> Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrowers 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 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 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 right to disapprove <br /> such policies, shall include a standard mortgage clause, and shall name Lender as mortga&ee and/or as an additional loss payee. <br /> Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to <br /> Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise <br /> required by Lender, 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 loss payee. <br /> In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of <br /> loss if not made promptly by Borrower, Unless Lender 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 repair 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 inspection shall be undertaken promptly. <br /> Lender 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, 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 and shall be 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 /> If Borrower abandons 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 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 any refund of unearned premiums paid by Borrower) under all insurance <br /> policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the <br /> insurance 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, 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 for <br /> at least one year after 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 Farm 3028 1/01 <br /> Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/1712000 (page 3 of 7page&) <br />