201�05787
<br />fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such unoun[ and
<br />Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any
<br />or all �scrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay
<br />to L.endcr all Funds, and in such amounts, that arc then rcquircd under this Scction 3.
<br />Lender may, at any time, collect and hold Funds in an unount (a) sufl"icient to permit Lender to apply the Nunds at the
<br />time speci�ed under RF.SPA, and (b} not to exceed the maximum amount a lender can reyuire under RF,SPA. I,ender shall
<br />estimate the amount of Punds due on the basis of current data and reasonable estimates of expenditures of future �scrow Items
<br />or otherwise in accordance with Applicable Law.
<br />The Funds shall be held in an institu[ion whose deposits are insurecl by a fecleral agency, instrumentality, or enlity
<br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall
<br />apgly the Funds to pay the Escrow Items no later than the time specif'ied under RESPA. Lender shall not charge Borrower for
<br />holding and applying the Punds, annually analyzing the escrow account, or verifying the �scrow Items, unless Lender pays
<br />Borrower interest on the Funds and Applicable L.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 Borrower any interest
<br />or earnings on the Funds. Borrower and I,ender cao agree in writing, however, that interest shall be paid on the Funds. I,ender
<br />shall give to Bonower, 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 defined under RESPA, Lender sha11 account to Borrower for rhe excess
<br />funds in accordance wi�h RESPA. If there is a shortage of Fuuds held in escrow, as de�ned under RESPA, L,ender shall no�ify
<br />Borrower as required by RESPA, and Borrower shall pay to Lender tlie amount necessary to uiake up the shortage in
<br />accordance with RFSPA, but in no more than 12 monttily payments. If there is a deficiency of Funds held in escrow, as
<br />defined under RESPA, Lender shall notify Borrower as required by R�SPA, and Borrower shall pay to Lender the amount
<br />necessary to make up the de�ciency in accordance with RESPA, but in no more than 12 monthly payments.
<br />Upon payment in full of all sums secured by this Security Instnunent, Lender shall promgfly refund to Borrower any
<br />Funds held by Lender.
<br />' 4. Charges; Liens. Borrower shall pay a11 taxes, assessments, charges, �nes, and impositions attributable to the
<br />Property which can auain prioriry over this 5ecurity Instrument, leasehold gayments or ground rents on the Properly, if any,
<br />and Cqmmunity Asscx;iatiou 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 shall promptly discharge any lien which has prioriry over this Securiry Instrument unless Borrower: (a) agrees
<br />in writing to the payment of the obligation secured by the lien in a uianner acceptable to Lender, but only so long as Borrower
<br />is pe orming such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal
<br />proce�dings which in Lender's opinion operate to prevent the ent'orcement ol' the lien while those proceedings are pending, but
<br />only �'ntil 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 which
<br />can auain pnority over this Securiry Instrument, I,ender may give Borrower a notice identifying the lien. Within 10 days of
<br />the da��e on which thal notice is given, Bonower shall 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 andtor reporting service used by
<br />Lender in connection with this Loan.
<br />, 5. Property Iasurance. Bonower shall keep tlie imgrovements now e�cisting or hereafter erected on the Property
<br />insured against loss by �re, hazards included within the term "extended wverage," and any other harards including, but not
<br />limited to, ea.rthquakes 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 />senten�es can cha.nge during the term of the Loan. The insurance carricr providing thc iasurance sha11 bc chosen by Borrowcr
<br />subject to L.ender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
<br />require Borrower to pay, in conaection with this I,oan, either: (a) a one-time cliarge for flood zone determination, certi�cation
<br />and tracking services; or (b) a one-tune charge for flood zone determination and certification services and subsequent charges
<br />each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower
<br />shall also be responsible for the payment of any fees imposed by thc Federal Emergency Management Agency in connection
<br />with the review of any IIood 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 Borrower's expense. Lender is under no obligation to purchase any particular rype or amount of coverage.
<br />Therefore, such coverage shall cover Lender, but might or might not protcct Borrower, Bonowcr's equity in the Properly, 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. Rorrower acknowledges that the cost of the insura.nce coverage so obtained might signi�cantly 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 Instcument. These amounts sha11 bear interest at the Note rate from the
<br />date of disbursement and shall be payable, with such interest, upon noticc from I.ender to Borrower requcsting payment.
<br />All insurance policies required by Lender and renewals oP such policies shall be subject to Lender's right to disapprove
<br />such policies, sha11 include a standard mort�age clause, and shall narne Lender as mortgagee and/or as an additional loss pa�ree.
<br />Lender shall have the right to hold the pohcies and renewal cert�caxes. If Lender requires, Borrower shall prompdy give to
<br />Lendec all receipts of paid premiums and renewal notices. If Bonower obtains any form of insuranee coverage, not otherwise
<br />required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard morigage clause and
<br />shall name I,ender as mortgagee and/or as ao additional loss 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 Bonower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds,
<br />whcthcr or not the underlying insurance was required by Lender, sha11 bc applied to restoration or repair of the Property, if, thc
<br />restor�tion or repair is economically feasible and Lender's securiry is not lessened. During such repair and restoratiou period,
<br />Lendet shall ha�e 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 shall be undertaken promptly.
<br />Lender may disburse procceds for the repairs and restoration in a singlc payment or in a scrics of progress payments as thc
<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 earn'rngs on such proceeds. Fees for public adjusters, or
<br />other third parties, retained by Borrower sha11 not be paid out of the insurance proceeds and sha11 be the sole obligation of
<br />Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
<br />proceeds sha11 bc applied to the sums secured by tlus Security Instrument, whcther or not then due, with the excess, if �ny,
<br />paid to Borrower. Such msurance proceeds shall be applied in the order provided for in Section 2.
<br />If Borrower abandons the Property, Lender may �le, negotiate and seule any available iasurance claim and related
<br />matter�. 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 30-day period will begin when the notice is given. In either event,
<br />or if Lender acquires the Property under Seclion 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 Securiry Instrument, and (b) any
<br />other of Borrower's rights (other tha.n the right to any refund of unearned premiums paid by Borrower) under all insurance
<br />policies covering the Property, insofar as such rights are applicable to the coverage of the Property Lender may use the
<br />insurance proce�s either to repair or restore the Properry or to pay amounts unpaid under the Note or tlus Security Instrument,
<br />whether or not then due.
<br />6. Occnpancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days
<br />after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for
<br />at least one year after the daie of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
<br />unreasonably withheld, or unless extenuating cucumstances exist which are beyond Borrower's wntrol.
<br />NEBRA$KA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br />Bankers Systeme, Inc., St. Cloud, MN Form MD-t-NE 8/17l2000 (p2ge 3 of 7 pages) ��
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