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201305434 <br /> "covenant 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 under Section <br /> 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. <br /> Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section <br /> 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required <br /> under this Section 3. <br /> Lender may, at any time, collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds <br /> at the time specified under RESPA, and(b)not to exceed the maximum amount a lender can require under RESPA. <br /> Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures <br /> of future Escrow Items or otherwise in accordance with Applicable Law. <br /> The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or <br /> entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan <br /> Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender <br /> shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying <br /> the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make <br /> such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, <br /> Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree <br /> in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an <br /> 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 for <br /> the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, <br /> Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make <br /> up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of <br /> Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower <br /> shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than <br /> 12 monthly payments. <br /> Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br /> any Funds held by Lender. <br /> 4. Charges;Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to <br /> the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the <br /> Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items <br /> 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 Borrower: <br /> (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only <br /> 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 lien <br /> while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder <br /> of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender <br /> determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, <br /> Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, <br /> Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. <br /> Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service <br /> used by Lender in connection with this Loan. <br /> 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the <br /> Property insured against loss by fire, hazards included within the term"extended coverage," and any other hazards <br /> including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be <br /> maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender <br /> requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing <br /> the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,which right shall <br /> NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DoeMagic eiregaie <br /> Form 3028 1/01 Page 5 of 15 www.docmagic.com <br /> 1 a lailivir <br /> it 0 1 <br /> I 14 I II 1:al <br />