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201108417
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<br />an agreement is made in writing or Applicab4a Law requires interest to be paid on the �unds, Lender shall not be
<br />required to pay Borrowe� any interest'or eamings on the Funds. Borrower and Lender can agree in writing, however,
<br />that inte�est shall be paid on the Funds. Lender shall give to Borrower, without charge, an annuai accounting of the
<br />Funds as required by RESPA.
<br />if there is a surplus of Funds held in escrow, as defined under RESPA, Lender shaii account to Borrower for the
<br />excess funds in accordance with RESPA. if there is a shortage of Funds hetd in escrow, as defined under RESPA,
<br />Lender shell notify Borrower as required by RESPA, anil Borrower shait pay to Lender the amount necessary to make up
<br />the shortage in accordance with RESPA, but in no more than 12 monthfy payments. If there is a deficiency of Funds
<br />heid in escrow, as defined under RESPA, Lender shafi notify Borrower as required by RESPA, and Borrower shaii pay to
<br />Lender the amo�nt necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly
<br />payments.
<br />Upon payment in full of alt sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
<br />Fu�ds held by Lender.
<br />4. Cfiarges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
<br />Property which can attain priority over this Security Instrument; feasehoid payments or ground rents on Yha Property, if
<br />any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow
<br />Items, Borrower shali pay them in the manner provided in SecYion 3.
<br />Borrower shall promptl� discharga any lien which has priority over this Security Instrument unless Borrower: {a)
<br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long
<br />as Borrower is perfo�ming such agreement; (b) contests the ben in good faith by, or defends against enforcement of the
<br />lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those
<br />proceedings are pending, but only untit such proceedings are concluded; or (c) secures from the holder of the lien an
<br />agreement satistactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
<br />of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a
<br />notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or
<br />take one o� more of the �ctions set fofth above in this Section 4.
<br />Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service
<br />used by Lender in connectian with this Loan.
<br />5. Property Insusance. Borrower shall keep the improvements now existing os hereaRer erected on the Propeny
<br />insured against loss by fire, hazards included within the term "axtended coverage," and any other ha2ards including, but
<br />not iimited to, earthquakes and fioods, for which Lender requires insurance. This insurance shall be meintained in the
<br />amounts (inciuding deductibte leveis) and for the periods that Lender requires. What Lender requires pursuant to the
<br />preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be
<br />chosen by Borrower subject to 4ender's right to disapprove BorrowePs choice, which right shall not be exerc+sed
<br />unreasonabiy. Lender may require Borrower to pay, in connection with this Loan, either: (al a one-time charge for fiood
<br />zone determination, certification and tracking services, or (6) a one-t+me aharge for flood zone determination and
<br />certification services and subsequent charges each time remappings or simila� changes occur which reasonabty might
<br />affect such determination or certification, Borrower shail aiso be responsibie for the payment of any fees imposed by
<br />the Federal Emergency Managament Agency in connection with the review of any fiood zone determination resulting
<br />from an objection by Borrower.
<br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
<br />Lender's option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of
<br />coverage. Therefore, such coverage shall cover Lender, but might or might not pratect Borrower, Borrower's equity in
<br />the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser
<br />coverage than was previousfy in effect. Sorrower acknowledges that the cosC of the insurance coverage so obtained
<br />might significantly exceed the cost of insurance that Borrower couid have obtained. Any amounts disbursed by Lender
<br />under this Section 5 shall become additionai debt of Borrower secured by this Security Instrument.__ These amounks
<br />shall bear interest at the Note rate from the date of disbursemertt`and shatl`be p'ayable, with such interest, upon notice
<br />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 to
<br />disapprove such policies, shall inctude e standard mortgage clause, and shall name Lender as mortgagee and/or as an
<br />additional loss payee. Lender shali have the right to hold the policies and renewal certificates. If Lender requires,
<br />Borrower shall promptly give to Lender ail receipts of paid premiums and renewal notices. If Borrower obtains any form
<br />of insurance coverage, not otherwise required by Lender, for damage to, or destruction ot, the Property, such poficy
<br />shall include a standard mortgage clause and shall name Lender as mortgagee andlor as an additional loss payee.
<br />In the event of loss, ';Borrower shall give p�ompt notice to the insurance carrier and Lender. Lender may make
<br />proof of loss if not made promptiy by Borrower. Unless Lender and Borrower otherwise agree tn writing, any insurance
<br />proceeds, whether or not the underlying insurance was required by Lender, shall be appfied to restoration or repair of
<br />the Property, if the restoration or repair is econom+cally feasible and Lender's security is not lessened. During such
<br />repair and restoration period, Lender shaii have the right to hold such insurance proceeds until Lender has had an
<br />opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that <
<br />such inspection shall be undertaken promptly. Lender may disburseproceeds for the repairs and restoration in a single
<br />payment or in a series of progress payments as the work is compieted. Unless an agreement is made in writing or
<br />Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower
<br />any interest or earnings on such proceeds, Fees for public adjusters, or oiher third parties, retained by Borrower shaii
<br />not be paid out of the insurance proceeds and shall be the so{e obligation of Borrower. lf the restoration or repair is not
<br />economicaily feasible or Lender's security would be lessened, the insurance proceeds shall be apptied to the sums
<br />secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such
<br />insurance proceeds shali be appiied in the order provided for in Section 2.
<br />Ifi Borrower abandons the Property, l.ender may file, negotiate and settie any available insurance claim and related
<br />matters, If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to
<br />settle a cVaim, then Lender may negotiate and settle tha cisim. 7he 30-day period wiif begin when the notice is given.
<br />In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a1
<br />Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
<br />Security Instrument, and (b) any other of Borrower's rights (other then the right to eny refund ofi unearned premiums
<br />paid by Borrower) under ail insurance policies covering the Property, insofar as such rights are applicahle to the
<br />coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay
<br />amounts unpaid under the Note or this Secucity Instrumsnt, whether or not then due.
<br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60
<br />days after the execution of this Security Instrument and shaii continue to occupy the Property as Borrower's principal
<br />residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent
<br />shall not be unreasonabiy withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
<br />7. Preservation, Maintenance and Protection of tfie Property; inspections. Borrower shafl not destroy, damage or
<br />impair the Property, aAow the Property to deteriorate or commit waste on the Property. Whether or not 8orrower is
<br />residing in the Property, Borrower shall maintaln the P�operty in order to prevent the Property from deteriorating or
<br />decreasing in value due to its condition, Unless it is determined pursuant to Section 5 that repair or restoration is not
<br />economically feasible, Borrower sha{I promptiy repair the Property if damaged to avoid further dateriaration or damage.
<br />If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
<br />shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.
<br />INEBRASKA-Singfe Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
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