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201205414 <br />Any application of payments, insurance proceeds, or Miscellaneous 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 />Rands for Escrow ]terns. Borrower shall pay to Lender on the day Periodic Payments are due tinder 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 Lendcr wider Section 5; and (d) Mortgage Insurance premiums, if any, <br />or any suns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in <br />accordance with the provisions of Section 10, These items are called "Escrow Items." At origination or at <br />any time dining the term of the Loan, Lender may require that Community Association Dues, Fees, and <br />Assessments, if any, be escrowed by Borrower, and such docs, fees and assessments shall be an Escrow <br />Item. Borrower shall promptly furnish to Lender all notices of amounts to lie paid under this Section. <br />Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay <br />the Funds for any or all Escrow Items. Lender may waive Borrower's obligation 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 />Borrower 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 receipts <br />evidencing such payment within such time period as Lender may require. Borrower's obligation to make <br />such payments and to provide receipts shall for all purposes lie 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 <br />Borrower is obligated to pay Escrow Iloms directly, pursuant to a waiver, and Borrower fails to pay the <br />amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and <br />Borrower shall then be obligated order 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 I:ender all Funds, and in such amounts, that are then required <br />under this Section 3. <br />Lender may, at any time, collect and hold Funds in an anrowrt (a) sufficient to permit Lender to apply the <br />Funds at the time specified under RESPA, and (b) mol to exceed the maximurn amount a lender can require <br />under RESPA. Lender shall estimate the amount of Funds clue 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, instrumentality, or <br />entity (including Lender, if, bender 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 Item no later than the time specified under <br />RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the <br />escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and <br />Applicable Law permits [,ender to rnake 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 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 hold 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 />RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount <br />necessary to mala 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 order RESPA, Lender shall notify Borrower as <br />24001305 <br />NEBRASKA -Single Family-Fannle Mac/Froddle Mem UNIFORM INSTRUM ENT Form 3026 1101 <br />VM P ® VM PS(NE) (1.105 <br />Walters Kluwer Financial Services Page 5 of 1) <br />