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20i10697� <br />Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be <br />paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the �nds. Borrower <br />and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, <br />without chazge, an annual accounting of the Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower <br />for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as definedunder <br />RESPA, Lender shall norify Borrower as required by RESPA, and Bonower shall pay to Lender the amount <br />necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there <br />is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by <br />RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with <br />RESPA, but in no more than 12 monthly payments. <br />Upon payment in full of all sums secured by tlus 5ecurity Inshument, Lender shall promptly refund to <br />Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions <br />attributable to the Property which can attain priority over this 5ecurity Instrument, leasehold payments or ground <br />rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that <br />these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless <br />Bonower: (a) agrees in writing to the payment of the obligatxon secured by the lien in a manner acceptable to <br />Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or <br />defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the <br />enforcement of the lien while those proceedings are pend'mg, but only until such proceedings are concluded; or <br />(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security <br />Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over <br />this Security Instrument, Lender may give Borrower a notice identifjnng the lien. Within 10 days of the date on <br />which that norice is given, Borrower shall satisfy the lien or take one or more of the acrions set forth above in this <br />Section 4. <br />Lender may rec�uire Bonower to pay a one-time charge for a real estate tax verification and/or reporting <br />service used by Lender in connection with this Loan. <br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected a� the <br />Property insured against loss b� fire, hazards included within the term "extended coverage," and any other <br />hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This <br />insurance shall be maintained in the amounts (including deductible leveLs) and for the periods that Lender <br />requires. What Lender requires �ursuant to the preceding sentences can change during the term of the Loan. The <br />insurauce carrier providing the msurance shall be chosen by Borrower subject to Lender's right to disapprove <br />Bonower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in <br />connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking <br />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 wluch reasonably might affectsuch determination or certification. <br />Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management <br />Agency in connecrion with the review of any flood zone determination resulting from an objecrion by Borrower. <br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance <br />coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular <br />type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect <br />Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability <br />and migt►t provide greater or lesser cove ge than was previously in effect. Borrower acknowledges that the cost <br />of the insurance coverage so obtained mi�ght significantl� exceed the cost of insurance that Borrower could have <br />obtained. Any amounts disbursed by Lender under tlus Section 5 shall become additional debt of Borrower <br />secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment <br />All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right <br />to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or <br />as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender <br />requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower <br />obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the <br />Properiy, such policy shall include a standard mortgage clause and sha11 name Lender as mortgagee and/or as an <br />addirional loss payee. � <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may <br />make proof of loss if not made promptly by Sorrower. Unless Lender and Borrower otherwise agree in writing, <br />any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to <br />restorarion or repair of the Property, if the restoration or repair is economically feasible and Lender's security is <br />not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance <br />proceeds until Lender has had an opporiunity to inspect such Properiy to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds <br />for the repairs and restoration in a sin$le payc�nt or in a series of progress payments as the work is completed. <br />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 <br />adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be <br />the sole obligation of Borrower. If the restorarion or repair is not economically feasible or Lender's security <br />would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in <br />the order provided for in Secrion 2. <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim <br />and related matEers. If Borrower does not respond within 30 days to a notice from Lender that the insurance <br />carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will Uegin <br />when the notice is given. In either event, or if Lender acquires the Property under Secrion 22 or otherwise, <br />Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed <br />the amounts unpaid under the Note or this Security Inst�vment, and (b) any other of Bonower's rights (other than <br />the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the <br />Properiy, insofar as such rights aze applicable to the coverage of the Properly. Lender may use the insurance <br />NEBRASKA—Single Famiiy—Fannie Mae/Freddie Mac iJNIFORM INSTRUMENT Modi6ed Form 30281/Ol (page 4 of 9 pagesJ <br />2205o.CV (8/11) 03-1192 Creatfve Thlnldng, Inc. <br />GOTO(002b64�) <br />