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<br /> <br /> <br /> <br /> 201009477 <br /> shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than <br /> 12 monthly payments. <br /> Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br /> any Funds held by Lender. <br /> 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to <br /> the Property which can attain priority over this Security Instrument, 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 Items, Borrower 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: <br /> (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only <br /> so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against <br /> enforcement 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 agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender <br /> determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, <br /> Lender 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 /> Lender may 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 keep the improvements 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 Lender requires insurance. This insurance shall be <br /> maintained in the amounts (including deductible levels) and for the periods that Lender 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 Borrower to pay, in connection with this Loan, either: (a) a one- <br /> time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone <br /> determination and certification services and subsequent charges each time remappings or similar changes occur which <br /> reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of <br /> any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone <br /> 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 <br /> Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount <br /> of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's <br /> equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater <br /> or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so <br /> obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed <br /> by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These <br /> amounts 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 policies shall be subject to Lender's right to <br /> disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an <br /> additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, <br /> Borrower shall promptly give to Lender all receipts of paid premiums 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 prompt notice to the insurance carrier and Lender. Lender may make <br /> proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any <br /> insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration <br /> or repair of 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 Lender <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 payment or in a series of progress payments as the work is completed. Unless an agreement <br /> is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be <br /> required to 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 sole obligation of Borrower. <br /> If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds <br /> shall be applied to the sums 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, Lender may file, negotiate and settle any available insurance claim and <br /> related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has <br /> offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the <br /> notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby <br /> assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid <br /> under the Note or this Security Instrument, and (b) any other of Borrower's rights (other 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 /> NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT pocMagic ~ 800-649-1'362 <br /> Form 3028 1/01 Page 4 of 11 www.docmagic.com <br /> NW2P t htxHU <br />