|
201 207�17
<br />and assessments and other items which can attaim priority over this Security Instrument as a lien or encumbrance
<br />on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all
<br />insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable
<br />by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions
<br />of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan,
<br />Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower,
<br />and such dues, fees and assessments shall be an Escrow Item. Borrower sha11 promptly furnish to Lender all
<br />norices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unl�s
<br />Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
<br />obligation to pay to Lender Funds for any or a11 Fscrow Items at any time. Any such waiver may only be in
<br />writing. In the event of such waiver, Borrower sha11 pay directly, when and where payable, the amounts due for
<br />any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to
<br />Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation
<br />to make such payments and to provide receipts shall for all pwposes be deemed to be a covenant and agreement
<br />contained in this Security Instrument, as tlie phrase "covenant and agreemenY' is used in Section 9. If Borrower
<br />is obligatsd to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an
<br />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
<br />Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower
<br />shall pay to Lender all Funds, and in such amounis, 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 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 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,
<br />or entity (including 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 escrow
<br />account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
<br />Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law
<br />requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings
<br />on the Funds. Bonower and Lender can agree in writing, however, that interest shall be paid on the Funds.
<br />Lender shall give to Borrower, without chazge, an annual accounting of the 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 under
<br />RESPA, Lender shall notify Borrower as required by RESPA, and Bonower shall pay to Lender the amount
<br />necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments.
<br />If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as
<br />required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in
<br />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 sha11 promptly refund to
<br />Borrower any Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
<br />ariributable to the Properiy which can attain priority over this Security Instrument, leasehold payments or
<br />ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
<br />extent that these items aze Escrow Items, Borrower shall pay them in the manner provided in Section 3.
<br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.
<br />(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but
<br />only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against
<br />enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the
<br />NEBRASKA—Single Family—Fannie MaeJFreddie Mac UNIFORM INSTRUMENT Form 30281/Ol
<br />NEBRASKA-MERS �e�����
<br />ITEM 2698L5 (072811) (Page 5 d 15)
<br />
|