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2011086 <br />shall for all purpases be deemed to be a covenant and agzeernent contained in this Securi.ty Instrument, as the phrase � <br />"covenant and agrcement" is used in Section 9. If Barrower is obiigated to pay Escrow Items directly, pursuant to <br />a waiver, and Borrower fails to pay the amounE due for an Escrow Item, Lender r�zay exercise its rights under Sect�on <br />9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. <br />Lender may revoke the waiver as to any a�' all Escrow Items at any time by a notice give:n in accordance with Secrion <br />15 and, upon such revocation, Borrower shall pay to Lender all �'unds, and in such amounts, that are then zequired <br />under this Section 3. <br />Lender may, at any time, colFect and hold Funds in an amount (a) sufficient to pemut Z.,ender to apply the Funds <br />at the time specified under RESPA, and (b) not to e�cceed the maximum amotu�.t a lender can require under RESPA. <br />Lender shall estiinats the amaunt of Pnnds due on the basis of cuzxent data and reasonable estimates of expenditures <br />of future Escrow Items oz otheiwise in accordance with Applicabie Law. <br />The P1u�ds shall be held in au institution whose depasits are insured by a federal agency, instrumentaliry, or <br />entity (including L.ender, if Lender is an institution whose deposits are so izisured.) or in any Federal Home Loan <br />$anlc. Lender shall apply the Fands to pay tbe Escrow Items no later than the time specified under RESPA. I.ender <br />sb�atl �ot charge Borrow�ar for holding and applying the �lYads, annnally ana�yzing the escrow account, 4r verifying <br />the Fscrow Items, unless Lender pays Borrower interest on the Funds and Applicable 7..aw permits L,ender to mu�ke <br />such a charge. Unless an agreement is made in writing or Applicable L.aw requires interest to be pa3d on the Funds, <br />Lendez shall not be required to pay Borrawer any intezesc or earnings on the Funds. Borrawer and Lez�der can aaree <br />in writing, however, that interest shall be paid on the Funds. Lendex sha11 give to Bazrower, without charge, ara <br />annual ac�ounting of the Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defkned under RESPA, Lendez� slaall account to Borrower for <br />�the excess funds in accordance with RESPA, If there is a shortage of Funds held in escrow, as defined under RESPA, <br />Lender s3�all notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to maJ�e <br />up the shortage in accordance with RESPA, but in no more than I2 monthly payments. If there is a deficieney of <br />Funtls held in escrow, as defined under RESPA, Lender shall noti#q Borrower as re�uired by RESPA, and Borrower <br />shall pay to E.ender the amount necessary to make up the defzcien.cy in aceordance with RESPA, but in no more than <br />12 monthly payments. <br />Upon payment in full of ail sums secured by rhis Security Instrument, Lsnder shall promptly refund to Borrower <br />any Funds held by Lender. <br />4. Charges; Liens. Borrower shall �ay all taxes, assessmems, charges, fines, an.d irn�asitions attributable to <br />ttze Froperty which cazi attain prioriry over this Security Instnzment, leasel�ald payments or gxound rents an the <br />Property, if any, and Community Assaciation. Dues, Fees, and Assessments, if any. fio the extent that these iterns <br />are Fscrow Items, Borrower shall pay thez� zn the mannPr pxQVided in Section 3. <br />Bozrower shall promptly discharge any lien which has priority over this SECUrity Inst��ument unless Borrower: <br />(a) agrees in writing to the payment of the abligation secured by the lien in a manner acceptable to Lender, but only <br />so long as Borrower is performing such agreement; (b) contests the lien in good fai.tix by,. or defends against <br />enforcement of �e lien in, legal proceedings which in Lender's opinion opzrate to prevent the enforcement of the lien <br />while those proceedangs are pending, but only untxl such proceedings are concluded; or {c} secures from the holder <br />of the lien an agreement satisfactory to Lender subordinating the lien ta this Secuzi.ty Instnunent. If Lender <br />determines that any part of the Property is subject to a lien which can attain prioriry avez this Security Instrument, <br />Lender nnay gzve Borrower a notic.� identifying the liezz. Within 10 da.ys of the date on which that notice is given, <br />Borrower shatl satisfy the lien or take one or more of the actions set forth above in t7iis Section 4. <br />Lender may requYre Borrawer to pay a one-time charge far a z�eal estate tax verificarion andlor reporting service <br />used by Lender in connection witti this Loan. <br />�, property Insurance. Boxrower sball keep the improvements now existing or hereafter erected on the <br />1'roperty insured against loss by fire, hazards included within the term "extended coverage," and any other hazards <br />including, but not limited to, earthquakes and floods, fox which Lender requires insurance. This insurance sb�al.l be <br />maintained in the amounts (ia�cludi�g deductible ievels) and for the periods that L,ender reguires. What Lender <br />requires pursuaut to the preceding sentences can change during the term of the Loan. The insurance carr�ez gzoviding <br />the insurance sha11 be clwsen by Bazxower subje.ct to Lender's right to disapprove Borrower's choice, which right shall <br />not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- <br />time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone <br />deter�ination and certification services and subsequent charges each time rema.ppings or similar changes oceur which <br />reasonably might affect sueh dexern�unation or certification. Barrawer shall also be responsible far the payment of <br />any fees zmposed by the Federal Emergency Manageanent Agency in conne�tion with the review of any flaod zone <br />determination resulting from an objection by Borrower. <br />If Borrower fails to maintain any of the coverages described. above, Lender may obta.in insurance coverage, at <br />�dez's option aud Bozrower's expense. I,snder is under no obligation to purchase any particular type or aanount <br />of coverage. Therefore, such coverage stzaIl cover Lender, but might or might nat pratect Borrower, Borrower's <br />equity in the Property, or the contents of the Property, against any risk, hazard or liabiliry and might provide greater <br />or lesser caverage than was previously in effect. Borrower ac�owledges tbat the cost of the insurar�ce coverage so <br />obtained might signif'icantly exceed the cost of insurance tha.t Borxowez contd have obtazned. Azzy amowoxs disburrsed <br />by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Insm3menr. These <br />amourns sha1l beaz interest at the Note rate from the date of disbursement and shall be payable, with snch interest, <br />upon notice fram Lender to Borrower requesting payment. <br />All insurance policies required by Lender and renewais of such policies shall be subject to L,ender's right ta <br />disapprove such policies, shall include a standard mortgage clause, and shall n�e Lender as mortgagee andlor as an <br />� ��� �� <br />NEBRASKA--Single Family—Fannie Mae/Freddie Mac UNlFORM lNSTRUMEf1T- MERS DncBfagfc� <br />Form 3028 1/01 Page 4 of 71 www.docmagic.com <br />Ne3028.mzd.nnl <br />