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771- 783474 -0
<br />021- 7834740
<br />which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender
<br />receipts evidencing such payment within such time period as Lender may require. Borrower's
<br />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
<br />agreement" is used in Section 9. IfBorrower is obligated to pay Escrow Items directly, pursuant to a
<br />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
<br />to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time
<br />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) sufficient to permit Lender
<br />to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a
<br />lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of
<br />current data and reasonable estimates of expenditures of future Escrow Items or otherwise in
<br />accordance with Applicable Law.
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency,
<br />instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured)
<br />or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later
<br />than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the
<br />Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays
<br />Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless
<br />an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender
<br />shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender
<br />can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to
<br />Borrower, without charge, an annual accounting of the Funds as required by RESPA.
<br />Ifthere is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
<br />Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in
<br />escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and
<br />Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with
<br />RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,
<br />as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall
<br />pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no
<br />more than 12 monthly payments.
<br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly
<br />refund to Borrower any Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and
<br />impositions attributable to the Property which can attain priority over this Security Instrument,
<br />leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees,
<br />and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in
<br />the manner provided in Section 3.
<br />Borrower shall promptly discharge any lien which has priority over this Security Instrument
<br />unless Borrower: (a) agrees in writing to the payment of the obligation secured by the Gen in a
<br />manner acceptable to Lender, but only so long as Borrower is performing such agreement;
<br />(b) contests the Tien in good faith by, or defends against enforcement of the lien in, legal proceedings
<br />which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are
<br />pendinS, 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
<br />determines that any part of the Property is subject to a lien which can attain priority over this Security
<br />Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on
<br />InitL-
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<br />NEBRASKA -- Single Family -Fume M— Ott4dit Mac UNIFORM INSTRUMENT
<br />Form 3028 1/01 (page 5 of 15 pages) Doe 0 (11- 9.2000) FPS K146 -5
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