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201103�9� <br />sha11 pay to Lender the amount nec;essary to make up the deficiency in accozdance with RESPA, but in no more than <br />12 monthly payments. <br />Upon payment in fu11 of all sums secured by this Security Instrument, Lender sha11 promptly refund to Borrower <br />any Funds held by Lender. <br />4. Charges; Liens. Bonower shall pay a11 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 />aze Escrow Items, Bonower sha11 pay them in the manner provided in Section 3. <br />Bonower shall promptly discharge any lien which has priority over this 5ecurity Instrument unless Bonower: <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 Bortower is performing such agreement; (b) contests the lien in good faith by, or defends against <br />enforcement of the lien in, legat proc,eedings 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 Bonower 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 chazge 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 1'united to, earthquakes and floods, for which Lender requires insurance. This insurance sha11 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 L.ender's right to disapprove Borrower's choice, which right sha11 <br />not be exercised unreasonably. Lender may require Bonower to pay, in connection with this Loan, either: (a) a one- <br />time chazge 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 similaz changes occur which <br />reasonably might affect such determination or certification. Borrower sha11 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 Bonower. <br />If Bonower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at <br />Lender's option and Bonower'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 Bonower, Bonower'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 excced the cost of insurance that Borrower could have obtained. Any amounts disbursed <br />by Lender under this Section 5 sha11 bei;ome additional debt of Bonower secured by this Security Instrument. These <br />amounts shall bear interest at the Note rate from the date of disbursement and sha11 be payable, with such interest, <br />upon notice from Lender to Bonower requesting payment. <br />All insurance policies required by Lender and renewals of such policies shall be subj�t to Lender's right to <br />disapprove such policies, sha11 include a standazd mortgage clause, and shall 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 />Bonower sha11 promptly give to Lender a11 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 L,ender, sha11 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 sha11 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 sha11 not be <br />required to pay Bonower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, <br />retained by Bonower shall not be paid out of the insurance proceeds and sha11 be the sole obligation of Bonower. <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 Instnunent, 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 Bonower 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 Properly under Section 22 or otherwise, Bonower hereby <br />assigns to Lender (a) Bonower's rights to any insurance proceeds in an amount not to exceed the atnounts unpaid <br />under the Note or this Security Instrument, and (b) any other of Bonower'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 IIVSTRUMENT <br />Form 3028 1/01 Page 4 of 11 <br />DocMeg/c � <br />www.docmagic.com <br />Ne3028.dot.�1 <br />