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201202507 <br />Items." At origination or at any time during the term of the Loan, Lender may require that Community <br />Associarion Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and <br />assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts <br />to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender <br />waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's <br />obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only <br />be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the <br />amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender <br />requires, shall fumish to Lender receipts evidencing such payment within such time period as Lender <br />may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes <br />be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant <br />and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to <br />a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights <br />under Section 9 and pay such amount and Bonower 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 <br />notice given in accordance with Section 15 and, upon such revocation, Bonower shall pay to Lender all <br />Funds, and in 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 <br />the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can <br />require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and <br />reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable <br />Law <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instivmenta,lity, <br />or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal <br />Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified <br />under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing <br />the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds <br />and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or <br />Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower <br />any interest or eamings on the Funds. Bonower and Lender can agree in writing, however, that interest <br />shall be paid on the Funds. Lender shall give to Bonower, without charge, an annual accounting of the <br />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 <br />for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined <br />under RESPA, Lender shall notify Bonower as required by RESPA, and Borrower shall pay to Lender <br />the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly <br />payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify <br />Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up <br />the deficiency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in full of all sums secured by this Security Instnunent, Lender shall promptly refund to <br />Borrower any Funds held by Lender. <br />HCFG-00359 <br />NEBRASKASingle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP� <br />Wokers Iauwer Finandal Services 201203234.0.0.0.4002-J20111128Y <br />Fortn 30281/01 <br />17J11 <br />Page 5 of 17 <br />1 <br />