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20120757G <br />under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu ofthe <br />payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called <br />"Escrow 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 Borrower, and such dues, fees and assessmeats shall be <br />an Escrow Item. Borrower sha11 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 all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or a11 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, shall fiunish 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 tlus Security Instrument, as the phrase "covenant and agreemenY' 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 Bonower 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 rime, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at <br />the time specified under RESPA, and (b) not to exceed the maximum amount a lender can 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 otherwise in accordance with Applicable Law. <br />The Funds shall be held in an institurion whose deposits aze insured by a federal agency, instrumentality, or entity <br />(including'Lender, if Lender is an institution whose deposits aze so insured) or in any Federal Home Loan Bank. Lender <br />shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender sha11 not chazge <br />Borrower for holding and applying the Funds, annually aaalyzing the escrow account, or verifying the Escrow Items, <br />unless Lender pays Bonower interest on the Funds and Applicable Law permits 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 />shall be paid on the Funds. Lender shall give to Borrower, 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 shall account to Borrower 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 shall notify 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 ttris Security InsUvment, Lender sha11 promptly refund to Borrower any <br />Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, chazges, fines, and impositions attributable to the <br />Property 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 />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 Borrower: (a) <br />agrees in wriring to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long <br />as Bonower 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 pending, but only until such proceedings aze concluded; or (c) secures from the holder of the lien aa <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 lien which can attain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the lien. Within 10 da.ys of the date on which that norice is given, Borrower shall satisfy the lien or ta.ke <br />one or more of the actions set forth above in this Secrion 4. <br />NEBRASKA -Single Famfly-Fannle Mae/Freddle Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 4 of 12 <br />ias, inc. Borrower(s) In(tlals � � <br />