fl .
<br />20110�75�
<br />required to pay Borro er any interest or earnings on the Funds. Borrower and Lender can agree in writing, however,
<br />that interest shell be paid on the Funds. Lender shall give to Borrower, without charge, an ennual accounting of the
<br />Funds as required by ESPA.
<br />If there is a sur lus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the
<br />excess funds in acc rdance with RESPA. If there is a shortage of Funds held in escrow, es defined under RESPA,
<br />Lender shall notify Bo�rrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
<br />the shortage in accor,dance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds
<br />held in escrow, as de�Fined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
<br />Lender the amount n�cessary to make up the deficiency in accordence with RESPA, but in no more than 12 monthly
<br />payments.
<br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
<br />Funds held by Lender'
<br />4. Charges; Lie�s. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
<br />Property which cen a ain priority over this Security Instrument, leasehold peyments or ground rents on the Property, if
<br />eny, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow
<br />Items, Borrower shell pay them in the menner provided in Section 3.
<br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
<br />agrees in writing to t e payment of the obligetion secured by the lien in e manner eccepteble to Lender, but only so long
<br />as Borrower is perfor ing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the
<br />lien in, legal procee ings which in Lender's opinion operate to prevent the entorcement of the lien while those
<br />proceedings are pen ing, but only until such proceedings are concluded; or (c) secures from the holder of the lien an
<br />agreement satisfacto to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
<br />of the Property fs su ject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a
<br />notice identlfying ihe lien. �thin 10 days of the date on which thet notice is giu,en, Borrower shall setisfy the lien or
<br />take one or more of t e actions set forth above in this Section 4.
<br />Lender may req ire Borrower to pay a one-time charge for a real estate tax verificetion and/or reporting service
<br />used by Lender in co nection with this Loan.
<br />5. Property Ins4rance. Borrower shall keep the improvements now existing or hereafter erected on the Property
<br />insured against loss b'y fire, hazards included within the term "extended coverege," and any other hazards including, but
<br />not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the
<br />amounts (including deductible levels) and for the periods thet Lender requires. What Lender requires pursuant to the
<br />preceding sentences ican change during the term of the Loen. The insurance carrier providing the insurance shall be
<br />chosen by Borrower i subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
<br />unreasonably. Lende may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood
<br />zone determination, ertification and tracking services; or (b) a one-time charge for flood zone determinetion and
<br />certification services and subsequent charges each time remappings or similar changes occur which reasonably might
<br />affect such determin tion or certification. Borrower shall also be responsible for the payment of any fees impoaed by
<br />the Federal Emergen y Management Agency in connection with the revfew of any flood zone determination resulting
<br />from an objectfon by orrower.
<br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
<br />Lender's option and orrower's expense. Lender is under no obligation to purchase any part(culer type or amount of
<br />coverege. Therafore such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equlty in
<br />the Property, or the ontents of the Property, against any risk, hazard or liability and might provide greater or lesser
<br />coverage then was p eviously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained
<br />might significantly ex eed the cost of insurance that Borrower could heve obtained. Any amounts disbursed by Lender
<br />under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts
<br />shall bear interest at he Note rate ftom the dete of disbursement and shall be peyeble, with such interest, upon notice
<br />from Lender to Borro�iver 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 include a standard mortgage clause, and shall name Lender es mortgagee and/or as en
<br />additional loss payee. Lender shall have the right to hold the policies and renewal certificetes. If Lender requires,
<br />Borrower shall promptly give to Lender ell receipts of paid premiums end renewal notices. If Borrower obtains any form
<br />of insurance covereg , not otherwise required by Lender, for demage to, or destruction of, the Property, such policy
<br />shall include a standa d mortgage clause and shall name Lender as mortgegee and/or as en additional loss payee.
<br />In the event of oss, Borrower shall give prompt notice to the insurence carrier and Lender. Lender mey meke
<br />proof of loss if not m de promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance
<br />proceeds, whether o not the underlying insurance was required by Lender, shall be applied to restoration or repair of
<br />the Property, if the r storation or repair is economically feasible and Lender's security is not lessened. During such
<br />repair and restoratio period, Lender shall have the right to hold such insurence proceeds until Lender hes hed an
<br />opportunity to inspe t such Property to ensure the work hes been completed to Lender's satisfaction, provided thet
<br />such inspection shall be undertaken promptly. Lender may disburse proceeds for the repeirs and restoration in e single
<br />payment or in a seri s of progress payments as the work is completed. Unless an agreement is made in writing or
<br />Applicable Law requi es interest to be peid on such fnsurance proceeds, Lender shall not be required to pay Borrower
<br />any interest or earni gs on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall
<br />not be paid out of th insurance proceeds and shell be the sole obligetion of Borrower. If the restoretion or repair is not
<br />economically feasibl or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
<br />secured by this Sec rity Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such
<br />insurance proceeds shall be applied in the order provided for in Section 2.
<br />If Borrower ebandons the Property, Lender may file, negotiete and settle eny availabie insurance claim and related
<br />metters. If Borrower�does not respond within 30 days to a notice from Lender that the insurence carrier has offered to
<br />settle a claim, then Lender may negotiate and settle the claim. The 30-day period will 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 (a)
<br />Borrower's rights to any insurence proceeds in en amount not to exceed the amounts unpeid under the Note or this
<br />Security Instrument, nd (b) any other of Borrower's rights (other than the right to any refund of unearned premiums
<br />paid by Borrower) u�ider all insurance policies covering the Property, insofer as such rights are epplicable to the
<br />coverage of the Pro erty. Lender may use the insurance proceeds either to repair or restore the Property or to pay
<br />emounts unpaid unde the Note or this Security Instrument, whether or not then due.
<br />6. Occupancy. Borrower shall occupy, establlsh, and use the Property as Borrower's principal residence within 60
<br />days after the execu ion of this Security 4nstrument and shall continue to occupy the Property as Borrower's principal
<br />residence for et least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent
<br />shall not be unreasonably withheld, or unless extenuating circumstances exist which ere beyond Borrower's control.
<br />7. Preservetion, Maintenance and Protection of the Property; Inapectiona. Borrower shall not destroy, damage or
<br />impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower ia
<br />residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or
<br />decreasing in value due to its condition. Untess it is determined pursuant to Section 5 that repair or restoration is not
<br />economically feasible, Borrower shall promptly repeir the Property if damaged to avoid further deterioration or demage.
<br />If (nsurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
<br />shell be responsible for repafring or restoring the Property only if Lender hes released proceeds for such purposes.
<br />Lender may disburse proceeds for the repairs and restoration in a single peyment or in a series of progress payments as
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br />Pege 3 of 7
<br />
|