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R s: ; . ~ 201flU174`~ <br />fails to pay the amount due for as Escrow Item, Leader may exercise its rights under Section 9 and pay such amount and <br />Borrower shall then be obligated under Sectios 9 to repay to Lender any such amount. Leader 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 rhea 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 1tESPA, and (b) not to exceed the maximum amount a lender can require under 1tESPA. 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 to an institution whose deposits are insured by a federal agency, instruinentaliry, or entity <br />(including Leader, if Lender is an institution whose deposits are so it]sured) or in say Federal Home Loan Bank. Lender shall <br />apply the Funds to pay the Escrow Items ao later than the time specified under 12ESPA. Lender shall not charge Borrower far <br />holdtng and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays <br />Borrower interest on the Feuds 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 accounttng of the Funds as required by I2ESPA. <br />If there is a surplus of Funds held in escrow, as defined under R.ESPA, Lender shall account to Borrower for the excess <br />funds is accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under R.ESPA, Lender shall notify <br />Borrower as required by ItESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in <br />accordance with RESFAA, but in no more than 12 monthly payments. If there is a deficiency of Fends held in escrow, as <br />defined under RESFA, Lender shall notify Borrower as repqaired by RESPA, and Borrower shall pay to Leader the amount <br />necessary to make up the deficiency in accordance with 1tESPA, 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. Harrower 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 pa them in the manner provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Harrower: (a) agrees <br />in writing to the payment of the obligation secured by the lien to a manner acceptable to Lender, but only so losg 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 prevent the enforcement of the lien while those proceedings are pending, but <br />only until such proceedings are concluded; ar (c) secures from the holder of the lien an agreement sattsfactory 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, Leader may give Horrower a notice identifying the lien. Within 10 days of <br />the date on which that notice is given, Borrower shall satisfy the lies or take one or more of the actions set forth above in this <br />Section 4. <br />Lender may require Borrower to pay none-time charge for a real estate tax verification and/or reporting service used by <br />Lender in connection wtth 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 eat <br />limited to, earthquakes and floods, far which Leader requires insurance. This tnsurance 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 [he insurance shall be chosen by Borrower <br />subject to Lender's right to disapprove $orrower's choice, which right shall eat 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 Horrower 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 ar amount of coverage. <br />Therefore, such coverage shall cover Lender, but might or mtght not protect Borrower, Borrower's equity in the Property, or <br />the contests of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was <br />previously in effect. Horrower 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 Lesder under this Section 5 shall become <br />additional debt of $6rrower 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 Horrower 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 mortgagee and/or as an additional loss payee. <br />Lender shall have the right to hold the pottaes 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, far damage to, or destruction of, the Property, such policy shall include a standard mortgage clause sad <br />shall name Leader as mortgagee and/or as an additional lass payee. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of <br />lass 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 Leader, shall be applied to restoration or repair of the Property, if the <br />restoration or repair is economically feasible and Leader'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 />epsure the work has been completed [o 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 insurasce proceeds and shall be the sole 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 Horrower. Such insurance proceeds shall be applied in the order provided far in Section 2. <br />If Horrower abandons the Property, Lender may file, negotiate sad settle any available insurance claim and related <br />matters. If Borrower does not respond within 30 days to a notice from Lender that the tnsurance 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) Horrower's rights to <br />any insurance proceeds in an amount not to exceed the amounts unpaid under [he Note or this Security Instrument, sad (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. Harrower 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 Leader otherwise agrees in writing, which consent shall not be <br />unreasonably withheld, or unless extenuating circumstasces exist which are beyond Borrower's control. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT orm 30 7 <br />8ankere Systems, Inc., St. Cloud, MN Form MP-1-NE 8!17!2000 ([X1ge 3 of 7pnges) <br />