|
201109�1�
<br />shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
<br />"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to
<br />a waiver, and Bonower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section
<br />9 and pay such amount and Bonower shall then be obligated under Section 9 to repay to Lender any such amount.
<br />Lender may revoke the waiver as to any or a11 Escrow Items at any time by a notice given in accordance with Section
<br />15 and, upon such revocation, Borrower sha11 pay to Lender all Funds, and in such amounts, that are then required
<br />under this Section 3.
<br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds
<br />at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA.
<br />I.ender shall estnnate the amount of Funds due on the basis of curtent data and reasonable estimates of expenditures
<br />of future Escrow Items or otherwise in accordance with Applicable Law.
<br />The Funds sha11 be held in an institution whose deposits are insured by a federal agency, instrumentality, or
<br />entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
<br />Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
<br />sha11 not �harge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
<br />the Escro�v Items, unless Lender pays Bonower interest on the Funds and Applicable Law permits Lender to make
<br />such a cha�rge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
<br />Lender sh�ll not be required to pay Bonower any interest or earnings on the Funds. Bonower and Lender can agree
<br />in writing however, that interest shall be paid on the Funds. Lender shall give to Bonower, without charge, an
<br />annual acCounting of the Funds as required by RESPA.
<br />If th�re is a surplus of Funds held in escrow, as defined under RFSPA, Lender shall account to Bonower for
<br />the excess Ifunds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA,
<br />Lender sh�il notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
<br />up the sh age in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of
<br />Funds hel�in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower
<br />shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than
<br />12 monthly payments.
<br />Upon payment in full of all sums secured by ttus Security Instrument, Lender shall promptly refund to Bortower
<br />any Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pay a11 taxes, assessments, chazges, fines, and impositions attributable to
<br />the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the
<br />Properly, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items
<br />are Escrow Items, Bonower shall pay them in the manner provided in Section 3.
<br />Borrower sha11 promptly discharge any lien which has priority over this Security Instrument unless Bonower:
<br />(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only
<br />so long as Bonower is performing such agreement; (b) contests the lien in good faith by, or defends against
<br />enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien
<br />while those proceedings aze pending, but only until such proceedings aze concluded; or (c) secures from the holder
<br />of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
<br />determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,
<br />Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,
<br />Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
<br />Lender may require Bonower to pay a one-time chazge for a real estate tax verification and/or reporting service
<br />used by Lender in connection with this Loan. �
<br />5. Property Insurance. Bonower shall keep the unprovements now existing or hereafter erected on the
<br />Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards
<br />including, but not litnited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
<br />maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender
<br />requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing
<br />the insurance shall be chosen by Bonower subject to Lender's right to disapprove Bonower's choice, which right sha11
<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 detertnination, certification and tracking services; or (b) a one-time charge for flood zone
<br />determination and certification services and subsequent chazges each time remappings or similar changes occur which
<br />reasonably might affect such determination or certification. Bonower shall also be responsible for the payment of
<br />any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
<br />determination resulting from an objection by Borrower.
<br />If Bonower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
<br />Lender's option and Bonower's expense. Lender is under no obligation to purchase any particular type or amount
<br />of coverage. Therefore, such coverage sha11 cover Lender, but might or might not prot�t Borrower, Bonower's
<br />equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater
<br />or lesser coverage than was previously in eff�t. Bonower aclaiowledges that the cost of the insurance coverage so
<br />obtained might significantly exceed the cost of insurance that Bonower could have obtained. Any aznounts disbursed
<br />by Lender under this Section 5 shall become additional debt of Bonower secured by this Security Instrument. These
<br />amounts sha11 bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,
<br />upon notice 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 include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
<br />e9�
<br />�
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS p
<br />Form 3028 1/01 Page 4 of 11 www.docmaglc.com
<br />Ne�28.mzd.�1
<br />
|