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20�10�7 <br />shall for all purpases be cieemerl to be a covenant and agzeement contained in this Se�urity Instmm�ent, as the phrase <br />"coveman�t and agreement" is used in Section 9. If Borroarer is obligated ta pay Escro�v Items dir�tly, pursuant to <br />a waiver, and Borrower fails to pay the amotuit due for an Fscro�+ Item, L.ender may exercise its rights under Section <br />9 and pay such amount and Borrower shall then be obligated undez Section 9 to repay to Lender any such amount. <br />L.endez may revoke the waiver as to any oz all Escrow Items at any time by a notice given in accordance witli S�ion <br />15 and, upon such rev�atzon, Borrower shall pay to I.endez all Funds, and in such amounrs, that aze then required <br />tinder this Section 3. <br />I.e�adex may, at anq time, collect aA,d I�old Funds in an amount (a) sufficient to permit Lender to apply the Fhmds <br />at the time s�ecified under RESPA, aad {b) not to exceed the maximum amount a lender can require under RESPA. <br />Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures <br />of future Escrow Iterns or orherwise in accordance with Applicable Iaw. <br />The Fuuds shall ba held in an institution whose deposi�s are insured by a federai agency, instrumentality, or <br />entity (inclu@ing Lender, if Lender is an institution whose deposits are so insurred) or in auy Federal Hom� Loan <br />Bank. Lender sha1l apply the Ftimds to pay the Fscrow Ttems no later than the time speczf ed under RFSPA. Lender <br />shall not aharge Borrower for holcling aad applying the Funtls, anm�aliy analyzing the escraw acxount, or verifying <br />tFie Esczow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Trender to make <br />such a charge. Untess an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, <br />Lender shall not be requized to pay Bonower any interest ar earnings on t�ze Funds. Borrower and Lender can agr� <br />in writing, hawever, that interest shall be paid on the Funds. T�ader sha11 give to Borrower, without cb�arge, an <br />annual accounting of the Funds as required by RESPA. <br />If there is a suipius of Fuads held in escrow, as defined uuder RESPA, Lender shall account to Borrower for <br />the excess fuuds i�n, accordance with RESPA. If there is a shortage of Funds held 'm escrow, as defined uadeir RESPA, <br />I,ender shall norify Barrower as required by RESPA, and Borrower shall pay to Lender the amount n�ssary to make <br />up the shortage in accordance with RESPA, but in no more than 12 montlily payinesnr.s. If there is a deffciency of <br />Fumds heid in escrow,'as defined. under RESPA, T,ender shall notify Borrower as required by RFSPA, and Borrower <br />shali pay to Lender the amount n�:essary to make up the deficiency in acxordance with RFSPA, but in no moze than <br />12 znonttaly paynaents. <br />Upon paymern in full of all sums secured by this 5ecurity Instrument, Lender shall gromptly refund to Borrower <br />any Funds held by Lender. <br />4. Charges; Liens. Borravver shall pay ali tarces, assessments, chazges, fines, and impositioas attributable to <br />the Property whzch can attai�a priosity over this SecuriLy Instr�ment, leasehold payments or ground rents on the <br />Property, if �y, and Comiminity Association Dues, F�s, and Assessments, if any. To ttie extent that these items <br />aze Escrow Ttems, Borrower shall pay them in the manner provided in Section 3. <br />Borrower sb�all pzompt�y discha�rge any lien whict� has priority over this Security Instrument unless Bonower: <br />(a) agrces in wziting to the payment af the obligation s�ured by the lien in a manner acceptable to Lender, but oniy <br />so Iong as Borrower is performing such agreement; (b) contests ihe Iien in good. faith by, or defends against <br />enforcement of the lien in, legal proce�ings which in Lender's opinion og�rate to preveut the enforcement of the lieu <br />whiie those proceEdings are pending, but only unril such proceedings are concluded; or (c) secures from the holder <br />of the lien an agreement satisfactory to Lender subordinating the lien to this Secwrity bastxu�ment. If Lsnder <br />detam�ines tbat any part of the Property is subject to a lien which can attain priority over this Seccuity 7�osstrument, <br />Lender may give Borrower a notice ideniafying the lien. Within 10 days of the date an which that natice is given, <br />Borrower shall satisfy the lien or take one or more of t�ze actioms set forth above in this Section 4. <br />Lender may require Borrower to pay a one-time charge for a real estate tax verification andJor zepozting service <br />used by Lender in coanection with this I.oan. <br />5. Propertp Insw�uce. Borrower shall keep the improvements now ex.issting or b.ereafter ezected on the <br />Pxopezry insured. agaiusC loss bp �'ire, hazards included within the term °extended coverage," and any otl�ez hazards <br />i�ncluding, but not liinixed to earthquakes and flaods, far wluch Lender requires insurance. This insurance s1�a11 be <br />maintained in the amounts (inclnding deductible levels) and for tb.e periods that Lender requires. W�iat L�n.der <br />requires pursuant ta the prec�,ing sentences can cbauge during the term of the Loan. The insurance canier provid'zug <br />the insurance shall be chosen by Barrovver subjecc to Lsnder's right to disapprave Borrower's choice, which right shall <br />not be exercised unreasonably. Lender ma.y rec�ure Borrower to pay, in conn�tion with #lus Loan, either: (a) a one- <br />time charge for flood zone determination, cerrafication and tracidng services; or {b} a on�time charge for fload z.�ne <br />determination and certification servicea and subsequent charges each time remappings or similar changes occur which <br />reasonably might affect such determination or certification. Barrower shall aIso be respo�asible for the paymern of <br />any f�s imposed by the Federal Emergency Management Agency in connection with the review of any flood wne <br />detennination resulting from an objection by Borrower. <br />If Borrower fails to m?�nta�n any of the coverages described above, Lender znay obtain insnu�ce coverage, at <br />Lender's option and Boxrower's expense. Lender is under no obligati.on to purchase any particular type or amount <br />of covez�age. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's <br />equity in the Property, or the contents of the Property, against any ri�sk, hazard or tiability and. might provide greater <br />or lesser coverage than was previously in effect. Borrawer aclrnovt+tedges that the cost af the in�,� ra„s.P: coverage so <br />obY.ained might eignificantly eacceed the cost of ;nc�,rance Chat Barrawer could have obtziAed.. Any amounts disbursed <br />by Lender under this Section 5 shall become additional debt of Borrower secured by this S�ecurity Ins �me�.,r. These <br />amounts shall bear inte�cest at the Note rate fram the date of clisbursemern and shall be payable, with such interest, <br />upon notitce from Lender to Borrower requesting payment. <br />All ins�rance policies required by Lender and xenewats of such policies shall be subject to Lender's right to <br />disapprove such policies, shall include a standard mortgage clause, and s}�aiF name Lender as mortgagce andlor as an <br />f � :� ,;� <br />) <br />` � <br />NEBRASKA—S1ngle FemEly—Fennie Mae/Freddie MaC UNIFORM INS7RUMEN7 - MERS por�Hglc <br />Form 3028 1/01 Page 4 of 1 i www.docrnagtc.com <br />.._ �, : .,.,�, <br />