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201301302 <br /> may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes <br /> be deemed to be a covenant and 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 may exercise its rights <br /> under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to <br /> Lender any such amount.Lender may revoke the waiver as to any or all Escrow Items at any time by a <br /> notice given in accordance with Section 15 and,upon such revocation,Borrower 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 shall estimate the amount of Funds due on the basis of current data and <br /> reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable <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 no 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 paid on the Funds,Lender shall not be required to pay Borrower <br /> 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 <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 Borrower as required by RESPA,and Borrower shall 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 deemed under RESPA,Lender shall notify <br /> Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up <br /> 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 <br /> Borrower any Funds held by Lender. <br /> 4.Charges;Liens.Borrower shall pay all taxes,assessments,charges,fines,and impositions attributable <br /> to the Property which can attain priority over this Security Instrument,leasehold payments or ground <br /> rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any.To the <br /> extent that these items are 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 <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 <br /> 1304921872 <br /> NEBRASKA-Single Family-Fannie Mae/Frodd,e Mac UNIFORM INSTRUMENT qk if Form 30281/01 <br /> VMP® 03/11 <br /> Wolters Kluwer Financial Services 2013020840.00.4002J20110929Y Imeals 'i Page 5 of 17 <br /> N INI 11 III 10111 1110 11111 NIH II N <br /> HI I I Ill <br />