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201200759 <br />Any application of payments, inc„rance proceeds, or Miscellaneaus Proceeds to principal due under the Note <br />shall not extend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the <br />Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes <br />and assessments and other items which can attain priority over this Security Instrument as a lien or <br />encumbrance on the Properiy; (b) leasehold payments or ground rents on the Property, if any; (c) premiums <br />for any and all insurance required by Lender under Section 5; and (d) MoRgage Insurance premiums, if any, <br />or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in <br />accordance with the provisions of Secrion 10. These items are called "Escrow Items." At origination or at <br />any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and <br />Assessments, if any, be escrowefl by Borrower, and such dues, fees and assessments shall be an Escrow <br />Item. Bortower shall promptly fumish to Lender all notices of amounts to he paid under this S�tion. <br />Borrower shall �ay Lender the Funds for Escrow Items unless Lender waiv� Borrower's obligation to pay <br />the Funds for any or all Escrow Items. Lender may waive Borrower's obligarion to pay to Lender Funds for <br />any or all Escro�v Items at any time. Any such waiver may only be in writimg. In the event of such �vaiver, <br />Borrower shall pay dire�tly, when and where payable, the amounts due for any Fsctow Items for which <br />payment of Funds has been waived by Lender and, if Lender requires, shali furnish to Lender reteipts <br />evidencing such payment within such time period as Lender may require. Bonower's obligation to make <br />such payments and to provide receipts shall for all purposes be desmed to be a covenant and agr�me� <br />contained in this Security Instrument, as the phrase "covenant and agreement" is used in Secrion 9. If <br />Borrower is obligated to pay Eserow Items directly, pursuant to a waiver, and Borrower fails to pay the <br />amount due for an Escrow Item, Lender may exercise its rights under Se�rion 9 and pay such amount and <br />Bonower shall then be obligated under Secrion 9 to repay to Lender any such amount. Lender may revoke <br />the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, <br />upon such revocation, Bonower shall pay to Lender all Funds, and in such amounts, that are then re�uired <br />under ttris 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 spe�ified under RESPA, and (b) not to exceed the maximurn 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 institurion whose deposits are insured by a fefleral agency, instrumentality, or <br />entity (including L�nder, if Lender is an insriturion whose deposits are so insured) or in any Fefleral Home <br />Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specifiefl under <br />RFSPA. Lender shall not charge Bonower for holding and applying the Funds, annually analyzing the <br />escrow account, or verifying the Escrow Items, unless Lender pays Bonower interest on the Fimds and <br />Applicable Law permits Lender to make such a charge. Unless an agr�ment is made in writing or <br />Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Bornower any <br />interest or earnings on the Funds. Borrower and Lender can agrce in writing, however, that inter�t shali be <br />paid on the Fun�s. Lender shall give to Botr��ver, without charge, an annual accounting of the Funds as <br />re�uired by RES�'A. <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 RFSPA. If there is a shortage of Funds held in escrow, as defined under <br />RFSPA, 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 RFSPA, Lender shall notify Borrower as <br />NEBRASKA-Single Family-Fannfe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP Q VMPB(NE) (1105) <br />Wolters Kluwer Financial Services Page 5 of 17 <br />H .. <br />