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20120663w <br />DOC ID #: 00024315472707012 <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due tu�der the <br />Note, until the Note is paid in fiill, a sum (the "Funds") to provide for payment of amounts due for: (a) <br />taxes and assessments and other items which can attain priority over this Security Instrument as a lien or <br />encumbrance on the Properly; (b) leasehold payments or ground rents on the Property, if any; (c) premiums <br />for any and all insurance required by Lender under Section 5; and (� Mortgage Insurance premiums, if <br />any, or any sums payable by Bonower to Lender in lieu of the payment of Mortgage Insurance premiums <br />in accordance with the provisions of Section 10. These items are called "Fscrow Items." At origination or at <br />any time d�ring the term of the Loan, Lender may require that Community Association Dues, Fees, and <br />Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow <br />Item. Borrower shall prompdy furnish to Lender all notices of amounts to be paid under this Secflon. <br />Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Bonower'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 Fscrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, <br />Bonower shall pay direcdy, when and where payable, the amounts due for any Fscrow 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 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 <br />Borrower is obligated to pay Escrow Items direcdy, 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 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 Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the <br />Funds at the time specified under RESPA, and (b) not to exceed the maldmum 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 Fscrow Items or otherwise in accordance with Applicable Law. <br />The Funds shall be held in an institution whose deposits are inscired by a federal agency, instrumentality, or <br />entity (inclading 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 Fscrow Items 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 Fscrow Items, unless Lender pays Borrower interest on the Funds and <br />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 Bonower any <br />interest or earnings on the Funds. Bonower and Lender can agree in writing, however, that interest shall be <br />paid on the Ftu�ds. Lender shall give to Bonower, 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 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 Borrower as required by RFSPA, and Borrower shall pay to Lender the <br />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 />Bonower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the <br />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 Instrument, Lender shall prompfly refund to <br />Borrower any Funds held by Lender. <br />4. C6arges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to <br />the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on <br />the Properly, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that <br />these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. <br />Bonower shall promptly discharge any lien which has priority over this Security Instrument unless <br />Borrower: (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 to <br />prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings <br />are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating <br />the lien to this Securlty Instrument. If Lender determines that any part of the Property is subject to a lien <br />which can attain priority over this Security Inswment, Lender may give Borrower a norice identifying the <br />lien. Within 10 days of the date on which that notice is given, Bonower shall satisfy the lien or take one or <br />more of the actions set forth above.in this Section 4. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Deed of Trust-NE <br />200&--NE (12/11) Page 4 of 12 <br />