|
, � 20�109�90
<br />Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.
<br />Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and
<br />where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender
<br />and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as
<br />Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all
<br />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,
<br />pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its
<br />rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to
<br />Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice
<br />given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
<br />such amounts, that are then required 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
<br />Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
<br />under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
<br />estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
<br />The Funds shall 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.
<br />Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
<br />verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits
<br />Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to
<br />be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
<br />Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give
<br />to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
<br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall 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
<br />RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
<br />necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If
<br />there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required
<br />by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance
<br />with RESPA, but in no more than 12 monthly payments.
<br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
<br />Borrower any Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
<br />to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on
<br />the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that
<br />these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
<br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
<br />Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
<br />Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
<br />defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
<br />enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or
<br />(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
<br />Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain
<br />priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days
<br />of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set
<br />forth 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
<br />service used by Lender in connection with this Loan.
<br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
<br />Property insured against loss by fire, hazards included within the term "extended coverage," and any other
<br />Form 3028 1/01
<br />NEBRASKA - Single Family - Fannle Mae/Freddfe Mec UNIFORM INSTRUMENT Initials �
<br />NE/4XXTBLAKE00000000000622049N Wolters Kluwer Financial Services VMP� e9
<br />
|