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201203���
<br />may require. Borrower's obligation to make such payments and to provide receipts shall for a11 purposes
<br />be deemed to be a covenant and agreement contained in tlus Security Insttument, as the phrase "covenant
<br />and agreement" is used in Section 9. If Bonower 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 Borrower shall then be obligated under Section 9 to repay to
<br />Lender any such amoun� 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 a.mount (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 accorda.nce with Applicable
<br />Law.
<br />The Funds sha11 be held in an institution whose deposits axe insured by a federal agency, instrumentality,
<br />or entity (including Lender, if Lender is an institution whose deposits aze 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 sha11 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 />a.ny interest or earnings 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 a.nnual a.ccounting of the
<br />Funds as required by RESPA.
<br />If there is a surplus of Funds held in escrow, as defined under RE5PA, 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 Borrower as required by RESPA, and Borrower sha.11 pay to Lender
<br />the amount necessary to ma.ke 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 sha11 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 a11 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 a11 taxes, assessments, charges, fines, a.nd impositions attributable
<br />to the Property which can atta.in priority over this Security Instrument, leasehold payments ar ground
<br />rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
<br />extent tha.t these items are Escrow Items, Bonower sha11 pay them in the manner provided in 5ection 3.
<br />Borrower shall promptly discharge any lien which has priority over this Security Inst�ument unless
<br />B orrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
<br />to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
<br />by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate
<br />HCFG-00359
<br />NEBRASKASingle Family-Fannie MaelFreddie Mec UNIFORM INSTRUMENT Form 3028 1/01
<br />yry�P� 12/11
<br />Woltera Kluwer Firrencial Servi�s 201204164.0.0.0.4002d20111128Y Page 6 of 16
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