|
20120�025
<br />Any applica.tion of payments, insurance proceeds, or Miscellan�us 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. Bonower 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 Property; (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) Mortgage Insurance premiums, if any,
<br />or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiwns in
<br />accordance with the provisions of S�rion 10. These items are called "Escrow Items." At originarion 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 escrowed by Borrower, and such dues, fees and assessments shall be an Escrow
<br />Item. Bonower shall promptly furnish to Lender all norices of amounts to be paid under this Se�tion.
<br />Borrower shall pay Lender the Funds for Escrow Itetns unless Lender waives Bonower's obligation to pay
<br />the Funds for any or all Escrow Items. Lender may waive Bonower's obligation to pay to Lender Funds for
<br />any or all F.scrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,
<br />Bonower shall pay directly, when and where payable, the amounts due for any Escrow Items for which
<br />payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender r�:eipts
<br />evidencing such payment within such rime period as Lender may require. Borrower's obligarion to �ke
<br />such payments and to provide receipts shall for all purposes be deemed to be a covenant and agr�ment
<br />contained in this S�urity Instnunent, as the phrase "covenant and agreement" is used in Secrion 9. If
<br />Bonower is obligated to pay Escrow 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 S�tion 9 and pay such amoimt and
<br />Borrower shall then be obligated under Section 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 aze then required
<br />under this Section 3.
<br />LQnder may, at any time, coll�t and hold Funds in an amount (a) sufficient to permit Lender to apply the
<br />Funds at the time sp�ified 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 institurion 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
<br />Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified uttder
<br />RESPA. Lender shall not chazge Bonower for holding and applying the Funds, annually analyzing the
<br />escrow account, or verifying the Fscrow Items, unless Lender pays Bonower interest on the Funds and
<br />Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or
<br />Applicable L.a�v requires interest to be paid on the Funds, Lender shall not be required to pay Barrower any
<br />irnerest or earnings on the �unds. Borrower and Lender can agr� in writing, however, that inter�t s1�all be
<br />paid on the �unds. Lender shall give to Bonower, without charge, an annual accounting of the Funds as
<br />requirefl 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 />RFSPA, Lender shall norify Borrower as required by RFSPA, 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 Bonower as
<br />NEBRASKA-Single Family-Fannie Mae/Freddfe Mac UNIFORM INSTRUMENT
<br />VMP �
<br />Walters Kluwer Financial Services
<br />Fo.m soze �ro�
<br />VMPBINFJ (1105)
<br />Page 6 of 17
<br />
|