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201206�� <br />obligation to pay to Lender Funds for any or a11 Escrow Items at any time. Any such waiver may only <br />be in writing. In the event of such waiver, Bonower sha11 pay directly, when and where payable, the <br />amounts due for any Escrow Items for wluch payment of Funds has been waived by Lender and, if Lender <br />requires, sha11 furnish to Lender receipts evidencing such payment within such time period as Lender <br />may require. Bonower's obligation to make such payments and to provide receipts shall for a11 purposes <br />be deemed to be a covenant a.nd agreement contained in this Security Instrument, as the phrase "covenant <br />and agreement" is used in Section 9. If Borrower 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 ma.y elcercise its rights <br />under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to <br />Lender a.ny such amoun� Lender may revoke the waiver as to any or a11 Escrow Items at any time by a <br />notice given in accordance with 5ection 15 and, upon such revocation, Boaower 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 amount (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 sha11 estimate the amount of Funds due on the basis of ciurent data and <br />reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applica.ble <br />Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, <br />or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal <br />Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items na later than the time specified <br />under RESPA. Lender shall 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 pa.id on the Funds, Lender shall not be required to pay Bonower <br />any interest or earnings on the Funds. Borrower and Lender ca.n agree in writing, however, tha.t interest <br />shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the <br />Funds as 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 Bonower as required by RESPA, and Borrower sha11 pay to Lender <br />the 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 />Borrower as required by RESPA, and Borrower sha11 pay to Lender the amount necessary to make up <br />the deficiency in accordance with RE5PA, 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 a.11 taxes, assessments, charges, fines, and impositions attributable <br />to the Properiy which can attain priority over this Security Instrument, leasehold payments or ground <br />rents on the Properly, if any, and Community Association Dues, Fees, and Assessments, if any. To the <br />extent that these items aze Escrow Items, Borrower sha11 pay them in the manner provided in Section 3. <br />HCFG-00369 <br />NEBRASKASfngle Femiry-Fennie Mae/Freddfa Mec UNIFORM INSTRUMENT Fortn 3028 1l07 <br />VMP� O1H2 <br />Wotte�a Kluwer Flnancial Servicea 20120B704.1.1.2336-J20120729Y Pege 6 of 17 <br />9 1 G <br />