|
2U12073�4
<br />under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Bonower to Lender in lieu of the
<br />payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called
<br />"Fscrow Items." At origination or at any time during the term of the Loan, Lender may require that Community
<br />Association Dues, Fees, and Assessments, if any, be escrowed by Bonower, and such dues, fees and assessments shall be
<br />an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.
<br />Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for
<br />any or a11 Escrow Items. Lender may waive Borrower's obligadon to pay to Lender Funds for any or all Escrow Items at
<br />any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and
<br />where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if
<br />Lender requires, sha11 furnish to Lender receipts evidencing such payment within such time period as Lender may
<br />require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a
<br />covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section
<br />9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due
<br />for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be
<br />obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow
<br />Items at any time by a notice gIven in accordance with Section 15 and, upon such revocation, Borrower shall pay to
<br />Lender all 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) sufficieat to per�nit Lender to apply the Funds at
<br />the time specified under RESPA, and (b) not to eacceed the maximum amount a lender c�n require under RESPA. Lender
<br />shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
<br />Escrow Items or otheruvise in accordaace with Applicable Law. �
<br />The Funds sha11 be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
<br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Feder�l Home Loan Bank. Lender
<br />sha11 apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender sha11 not charge
<br />Borrower for holding and applying the Funds, annually analyzing the escrow accc�unt, or verIfying the Escrow Items,
<br />unless Lec�der pays Borrower interest on the Funds and Applicable Law pernuts Lender to make such a charge. Unless an
<br />agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to
<br />pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
<br />sha11 be paid on the Funds. Lender shall give to Bonower, without charge, an annual accounting of the Funds as required
<br />by RESPA.
<br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender sha11 account to Bonower for the
<br />excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender
<br />shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
<br />shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in
<br />escrow, as defined under RESPA, Lender sha11 nottfy Borrower as required by RESPA, and Borrower shall pay to Lender
<br />the amount necessary to make up the 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 promptly refund to Borrower any
<br />Funds held by Lender.
<br />4. Charges; Liens. Borrower sha11 pay all taxes, assessments, charges, fines, and impositions attributable to the
<br />Properiy which can attain prIority over this Security Instrument, leasehold payments or ground rents on the Property, if
<br />any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, .
<br />Bonower shall pay them in the manner provided in Section 3.
<br />Borrower shall prompUy discharge any lien which has priority over this Security Instrument unless Bonower: (a)
<br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long
<br />as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the
<br />lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those
<br />proceedings are pendin�, but only until such proceedings are concluded; or (c) secures from the holder of the lien an
<br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of
<br />the Property is subject to a lian which can attain priorlty over this Security Instrument, Lender may give Borrower a
<br />notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take
<br />one or more of the actions set forth above in this Section 4. ,
<br />NEBRASKA
<br />i�, i�
<br />DRMIN3TRUMENT
<br />Page 4 of 12
<br />Borrower(s) IniUals
<br />
|