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20120453� <br />and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance <br />on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all <br />insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable <br />by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions <br />of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, <br />Lender may require that Community Association Dues, Fees, and Assessments, if any, be �crowed by Borrower, <br />and such dues, fees and assessments shall be an Escrow Item. Borrower sha11 promptly fumish to Lender a11 <br />norices of aznounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless <br />Lender 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 be in <br />writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for <br />any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall fumish to <br />Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation <br />to make such payments and to provide receipts sha11 for all purposes be deemed to be a covenant and agreement <br />contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower <br />is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an <br />Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower sha11 then be <br />obligated under Section 9 to repay to Lender any such amoiu►t. Lender may revoke the waiver as to any or ali <br />Escrow Items at any time by a notice given in accordance with Secrion 15 and, upon such revocation, Borrower <br />shall pay to Lender all Funds, and in such amounis, that aze then required under this Secrion 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 maacimum 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, insttvmentality, <br />or 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 under <br />RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow <br />account, or verifying the Escrow Items, unless Lender pays Bortower interest on the Funds and Applicable <br />Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law <br />requires interest to be paid on the Funds, Lender shall not be required to pay Bonower any interest or eamings <br />on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. <br />Lender shall give 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 Bonower <br />for 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. <br />If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Bonower as <br />required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in <br />accordance 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 <br />attributable to the Property which can attain priority over this Security Instrument, leasehold payments or <br />ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the <br />extent that these items aze 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 Borrower: <br />(a) agrees in writing to the payment of the obligarion secured by the lien in a manner acceptable to Lender, but <br />only so long as Bonower is perfomung such agreement; (b) contests the lien in goad faith by, or defends against <br />enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the <br />NEBRASKA�ingle Family—Faonte MaelFreddie Mac UNIFORM INSTRUMENT Form 30281/Ol <br />NEBRASKA-MERS GreatDocs� <br />ITEM 2898L5 (072811) (Page 5 d 15) <br />