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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 />