|
2Gi��3���
<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 sha11 then be oblipated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any
<br />or a11 Escrow Items at any tune by a notice given in accordance with Section 15 and, upon such revocation, Borrower sha11 pay
<br />to Lender all Funds, and in such amounts, that are then required under this 5ection 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 specif'ied 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 oWerwise in accordance with A�plicable Law.
<br />The Funds sha11 be held m an institution whose deposits are iasured by a federal agency, instrumenta.lity, 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 spec�ed under RE5PA. Lender shall not charge Bonower 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 I.aw 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 Bonower any interest
<br />or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lendec
<br />sha11 give to Borrower, without cha.rge, an annual accounting of the Funds as required by RESPA.
<br />If there is a sur�lus of Funds held in escrow, as defined under RE5PA, Lender sha11 account to Bonower for the excess
<br />funds in accorda.nce w�th RE5PA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall uotify
<br />Bonower as required by RESPA, and Borrower sha11 pay to Lender the amount necessary to make up the shortage in
<br />accordance with RE5PA, but in no more than 12 monthly payments. If there is a de�ciency of Funds held in escrow, as
<br />defined under RESPA, Lender shall notify Borrower as required by RESPA, and Bonower sha11 pay to Lender the amount
<br />necessary to make up the de�ciency in accordance with RE5PA, but in no more than 12 montlily payments.
<br />Upon payment in full of all sums secured by this Securiry Instrument, Lender sha11 prompUy refund to Borrower any
<br />Funds held by Lender.
<br />4. Charges; Liens. Bonower shall pay all taxes, assessments, charges, �nes, and impositions attributa.bie to the
<br />Property which can attain prioriry 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 sha11 promptly discharge any lien which has priority over this Securiry 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 Leuder's opiaion operate to prevent 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 Securiry Instrument. If Lender determines that any part of the Property is subject to a lien wluch
<br />can auain pnority 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 sha11 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 verif'ication 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 covera�e," and any other hazards including, but not
<br />limited to, earthqua.kes and floods, for which Lender requires insurance. This msurance 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 sha11 be chosen by Bonower
<br />subject to Lender's right to disapprove Borrower's choice, which right sha11 not be exercised unreasona.bly. Lender may
<br />require Borrower to pay, 'rn connection with this Loan, either: (a) a one-time charge for flood zone determination, certif'ication
<br />and tracking services; or (b) a one-time charge for floal zone determination and certif'ication services and subsequent charges
<br />each time reinappings or similar cha.nges occur which reasonably might affect such determination or certif'ication. Borrower
<br />sha11 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 obta.in 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, Borrower's equiry 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 thaL the cost of the insurance coverage so obtained might signif'icantly exceed the
<br />cost of insurance thax Bonower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become
<br />additional debt of Borrower secured by this Securiry 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 Bonower requesting payment.
<br />All insurance policies required by Lender and renewals of such policies shall be subject to Lender's nght to disapprove
<br />such policies, sha11 include a standard mort�age clause, and shall name Lender as mortgagee and/or as an additional loss payee.
<br />Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Bonower shall prompdy give to
<br />Lender all receipts of paid premiums and renewal notices. If Borrower obta.ins any form of insurance covera.ge, not otherwise
<br />required by Lender, for damage to, or destruction of, the Property, such policy sha11 include a standard mortgage clause and
<br />shall name Lender as mortgagee and/or as an additionalloss 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 securiry is not lessened. During such repair and restoration period,
<br />Lender sha11 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 sha11 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 Bonower shall not be paid out of the insurance proceeds and sha11 be the sole obligation of
<br />Borrower. If the restoraxion or repair is not economically feasible or Lender's security would be lessened, the msurance
<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 Properly, 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 3aday period will begin when the notice is given. In either event,
<br />or if Lender acquires the Properiy 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 Securiry 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 />�olicies covering the Properly, insofar as such rights are applicable to the coverage of the Properiy. Lender may use the
<br />msurance proceeds either to repair or restore the Properiy or to pay amounts unpaid under the Note or Wis Securiry Instrument,
<br />whether or not then due.
<br />6. Occupancy. Borrower sha11 occupy, establish, and use the Property as Bonower's principal residence within 60 days
<br />after the execution of this Securiry 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—Fantrie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Bankers Systema, Inc., St. Cloud, MN Form MD-1-NE 8J17/2000
<br />� � > !�
<br />�Form 3028 1/07
<br />(PaBe 3 o.f �PnB�)
<br />
|