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201205217 <br />Any application of payments, insurance procceds, or Miscellaneous Procceds 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. Itinds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments aze 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 Instnunent as a lien or <br />encumbrance on the Property; (b) leasehold payments or ground rents on the Properiy, 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 premiums in <br />accordance with the provisions of 5ection 10. These items aze called "Escrow Items." At originarion or at <br />any time during the term of the Loan, Lender may require that Community Association Dues, Fess, and <br />Assessments, if any, be escrowed by Bonower, and such dues, fees and assessments shall be an Escrow <br />Item. Borrower shall promptly fumish to Lender all notices of amounts to be paid under this Se�tion. <br />Bonower shall pay Lender the Funds for Escrow Items unless Lender waives Bonower's obligation to pay <br />the Funds for any or all Fscrow Items. Lender may waive Bonower's obligarion to pay to Lender Funds for <br />any or all Escrow 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 re�eipts <br />evidencing such payment within such time period as Lender may require. Borrower's obligation to make <br />such payments and to provide re,ceipts shall for all purposes be deemed to be a covenant and agr�ment <br />contained in this S�urity Instrument, as the phrase "covenant and agr�ment" is use� in Se�tion 9. If <br />Bonower is obligated to pay Fscrow Items directly, pursuant to a waiver, and Borrower fails to pay the <br />amount due for an Eserow Item, Lender may exercise its rights under S�tion 9 and pay such amount and <br />Borrower shall then be obligatefl 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, Borrower shall pay to Lender all Funds, and in such amounts, that are then required <br />under this Secrion 3. <br />Lender 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 specified under RFSPA, and (b) not to excced 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 he held in an institution whose deposits are insure� 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 sp�ified under <br />RESPA. Lender shall not charge Borrower 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 agr�nent is made in writing or <br />Applicable Law re�uires interest to be paid on the Funds, Lender shall not be required to pay Borro�ver any <br />interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be <br />paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as <br />required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RFSPA, Lender shall account to Bonower 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 notify Bonower as required by RESPA, and Borrower shall pay to Lender the amount <br />ne�essary 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-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1 /01 <br />VMPB(PIE) (1105) <br />Page 5 of 17 <br />a <br />