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201100969 <br />The Funds sha11 be held in an institution whose deposits are insured by a federal agency, instrumentality, or <br />entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan <br />Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. I,ender <br />shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying <br />the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pernuts Lender to make <br />such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, <br />Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree <br />in writing, however, that interest shall be paid on the Funds. Lender sha11 give to Borrower, without charge, an <br />annual accounting of the Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, I,ender shall account to Borrower for <br />the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, <br />Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make <br />up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of <br />Funds held in escrow, as de�ned under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower <br />sha11 pay to Lender the amount necessary to make up the def'iciency in accordance with RESPA, but in no mare than <br />12 monthly payments. <br />Upon payment in full of all sums secured by this Security Instrument, Lender sha11 promptly refund to Borrower <br />any Funds held by Lender. <br />4. Charges; Liens. Borrower sha11 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 sha11 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 />deternunes 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 ch�nge during the term of the Loan. The insurance carrier providing <br />the insurance sha11 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 deternunation, 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 for the payment of <br />any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone <br />deternunation 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 sha11 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 sha11 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 sha11 name Lender as mortgagee and/or as an <br />additionalloss payee. Lender sha11 have the right to hold the policies and renewal certificates. If Lender requires, <br />Borrower sha11 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 opportunit to inspect such Property to ensure the work has been completed to Lender's satisfaction, <br />� <br />� <br />NEBRASKA--Singl�Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic � aoo-sas-�ss2 <br />Form 3028 1/01 Page 4 of 11 www.docmagic.com <br />Ne3028.mzd.xml <br />