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.� 2 o�io4558 <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 shall then be obli�ated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any <br />or all Escrow Items at any tune by a notice given in accordance with 5ection 15 and, upon such revocation, Bonower shall pay <br />to Lender all Funds, and in such amounts, Wat are then required under this Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to �rmit 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 reasona.ble estimates of expenditures of future Escrow Items <br />or ottterwise in accordance with A�plica.ble I.aw. <br />The Funds sha11 be held m an institution whose deposits are insured by a federal agency, instrumenfaliry, or eutity <br />(inclufling Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender sha11 <br />apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Bortower foc <br />holding and applying the Funds, annually analyzing the escrow �ccount, or verifying the Escrow Items, unless Lender pays <br />Bonower interest on the Funds and Applicable Law permits Lender to make such a chazge. Unless an agreement is made m <br />writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest <br />or earnings on the Funds. Bonower and Lender can agree in writing , however, that interest shall be paid on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. <br />If there is a sur�lus of Funds held in escrow, as de�ned under RESPA, Lender shall account to Bonowet for the excess <br />funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as de�ned under RESPA, Lender sha11 notify <br />Borrowet as requ'rred by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in <br />accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as <br />defined under RESPA, Lender shall notify Bonower as required by RESPA, and Bonower sha.11 pay to Lender the amount <br />necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in full of a11 sums secured by this 5ecuriry Instrument, Lender shall prompfly refund to Bonower any <br />Funds held by Lender. <br />4. Charg�; Liens. Bonower shall pay all taxes, assessments, charges, fines, and impositions attributable to the <br />Property which can auain priority over this 5ecurity Instrument, leasehold paymeNs or ground rents on the Property, if any, <br />and Communiry Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Bonower <br />sha11 pa them in the manner provided in Section 3. <br />�orrower shall prompfly discharge any lien which has prioriry over this Security 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 gaod faith by, or defeuds against enforcement of the lien in, legal <br />proceedings which in Lender's opinion operate to prevent the ehforcement 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 liea to Wis Security Instrumeut. If Lender determin`es �that any part of the Property is subject to a lien which <br />can attain pnority over this 5ecurity Instrument, Lender may give Bonower a notice identifying the lien. Withiu 10 days of <br />the date on which that notice is given, Bonower 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 verification and/or reporting service used by <br />Lender in connection with this Loan. <br />5. Property Insurance. Borrower shall keep the improvemeuts now existing or hereafter erected on the Propeny <br />insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not <br />limited to, earthquakes and floods, for which Lender requires insurance. This insurance 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 Borrower <br />subject to Lender's right to disapprove Bonower's choice, wluch right shall not be exercised unreasonably. Lender may <br />require Bonower to pay, in connection with this Loan, either: (a) a one-time chatge for flood zone determination, cert�cation <br />and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges <br />each time remappings or similar changes occur which reasoaably might affect such determination or certif'ication. Borrower <br />shall also be responsible for the gayment of any fees imposed by the Federal Emergency Management Agency in conne,ction <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 obtain insurance coverage, at Lender's <br />option and Bonower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. <br />Therefore, such covera.ge sha11 cover Lender, but might or might not ptotect Borrower, Bonower s equiry in the Ptoperly, or <br />tlie contents of the Properiy, against any risk, hazard or liabllity and might provide greater or lesser coverage than was <br />previously in effect. Borrower acknowledges thai the cost of the insurance coverage so obtained might significanfly exceed the <br />cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become <br />additional debt of Borrower secured by this Security Instrument. These amounts sha11 bear interest at the Note rate from the <br />date of disbursement and sha11 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 right to disapprove <br />such policies, shall include a standard mort�a�e clause, and stcall name Lender as mortgagee and/or as an additional loss payee. <br />Lender shall have the right to hold the policies and renewal certificates: �f Lender requires, Borrower shall pcompfly give to. <br />Lender a11 receipts of paid premiums and renewal notices. If Borrower obta.ins any form of insurance coverage, not otherwise <br />required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and <br />shall na.me Lender as mortgagee and/or as an additional loss payee. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lendet. Lender may make pr�f of <br />loss if not made promptly by Bonower. iJnless Lender and Bonower otherwise agree in writing, any insurance ptoceeds, <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 security is not lessened. During such repair and restoration period, <br />Lender sha11 have the right to hold such iasurance 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 inspectiou 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 iuterest 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 Borrower shall not be paid out of the insurance pr�eeds and shall be the sole obli�ation of <br />Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the msurance <br />proceeds sha11 be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Bonower. Such iasurance proceeds sha11 be applied in the order provided for in Section 2. <br />If Borrower abandons the Pro�rty, Lender may file, negotiate and settle any available insurance claim and related <br />matters. If Bonowet 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 30-day period will begin when the notice is given. In either event, <br />or if Lender acquires the Properly under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Bonower's rights to <br />any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any <br />other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) undet all insurance <br />�olicies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the <br />u�surance proceeds either to repair or restote the Property or to pay amounts unpaid under the Note or this 5ecurity Instrument, <br />whether or not then due. <br />6. Occu�ancy. Borrower shall occupy, establish, and use the Pro�rty as Bonower's principal residence within 60 days <br />after the execution of this Security Instrument and sha11 continue to occupy the Properly 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 />unreasoaably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. <br />NEBRASKA—Single Family—Fanrde Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (p�g 3 pf � p�ps) <br />