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2oioo9o�4 <br />shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than <br />12 rnonthly payments. <br />Upon payment in full of a11 sums secured by this Security Instrument, L,ender shall promptly refund to Borrower <br />any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, �nes, and impositions attributable to <br />the Property which can attain priority over this Security Instrurnent, leasehold payments or ground rents on the <br />Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items <br />are Escrow Ttems, Barrower shall pay them in the rnanner provided in Section 3. <br />Borrower shall prornptly discharge any lien which has priority over this Security Instrument unless Borrower: <br />(a) agrees in writing to the payrnent of the obligation secured by the lien in a manner acceptable to L,ender, but only <br />so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against <br />enforcernent of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien <br />while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder <br />of the lien an agreennent satisfactory to Lender subordinating the lien to this Security Instrument. If Lender <br />deternunes that any part of the Praperty is subject to a lien which can attain priority over this Security Instrument, <br />I.ender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, <br />Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. <br />I,ender rnay require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service <br />used by Lender in connection with this Loan. <br />5. Property Insurance. Borrower shall kecp the impravernents now existing or hereafter erected on the <br />Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards <br />including, but not limited to, earthquakes and floods, for which I,ender requires insurance. This insurance shall be <br />rnaintained in the amounts (including deductible levels) and for the periods that L,ender requires. What Lender <br />requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing <br />the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall <br />not be exercised unreasonably. Lender may require Barrower to pay, in connection with this I.oan, either: (a) a one- <br />tirne charge far flood zone detemunation, certification and tracking services; or (b) a one-time charge for flood zone <br />deternunation and certification services and subsequent charges each time remappings or similar changes occur which <br />reasonably might affect such deternunation or certification. Borrower shall also be responsible far the payrnent of <br />any fees imposed by the �ederal Ernergency Management Agency in connection with the review pf any flood zone <br />deternunation resulting from an objection by Borrower. <br />If Borrower fails to maintain any af the coverages described above, Lender may obtain insurance coverage, at <br />Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount <br />of caverage. Thercfore, such coverage shall cover Lender, but might or rnight not protect Borrower, Borrawer's <br />equity in the Property, or the contents of the Property, against any risk, hazard or liability and rnight provide greater <br />or lesser coverage than was previously in effect. Borrower acknowledges that the cost af the insurance coverage so <br />obtained rnight significantly exceed the cost of insurance that Borrower could have abtained. Any amounts disbursed <br />by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Tnstrument. These <br />arnounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, <br />upon notice from Lender to Borrower requesting payment. <br />All insurance policies required by Lender and renewals of such pplicies shall be subject to Lender's right to <br />disapprove such policies, sha11 include a standard mortgage clause, and shall narne Lender as mortgagee and/or as an <br />additional loss payee. Lender shall have Che right to hold the policies and renewal certificates. If Lender requires, <br />Borrower shall promptly give to Lender alt receipts of paid premaums and renewal notices. If Borrower obtains any <br />form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such <br />policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss <br />payee. <br />In the event of loss, Borrower shall give prornpt notice to the insurance carrier and Lender. Lender may make <br />proof of loss if not made promptly by Barrower. Unless I,ender and Borrower otherwise agree in writing, any <br />insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied ta restoration <br />or repair af the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. <br />During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until I.ender <br />has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, <br />provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and <br />restoration in a single payrnent or in a series of progress payments as the work is completed. Unless an agreement <br />is made in writing ar Applicable Law requires interest to be paid on such insurance proceeds, L,�nder shall not be <br />required ta pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, <br />retained by Borrower shall not be paid out of the insurance proceeds and shall be the sale obligation of Borrower. <br />If the restoration or xepair is not economically feasible or Lender's security would be lessened, the insurance proceeds <br />shall be applied to the sumGS secured by this Security Instrument, whether or not then due, with the excess, if any, paid <br />to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. <br />If Borrower abandons the Property, L.ender rnay file, negotiate and settle any available insurance clairn and <br />related matters. Tf Borrower does not respond vvithin 30 days to a notice from I.ender that the insurance carrier has <br />offered to settle a claim, then Lendex may negotiate and settle the claim. The 30-day period will begin when the <br />notice is given. In either event, or if I,ender acquires the Property under Section 22 or otherwise, Borrower hereby <br />assigns to Lender (a) Barro�+er's rights ta any insurance proceeds in an amount not to exceed the amaunts unpaid <br />under the Note or this Security Instrument, and (b) any other of Borrower's rights (ather than the right to any refund <br />of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights <br />��. LJ� • �• �� <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNiFORM INSTRUMENT DocMagic � aoasas-�3sz <br />Fprm 3028 1/01 Page 4 of 11 www.dpcmagic.com <br />Ne3028.dot.xml <br />