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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) �� <br />