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200008012 <br />to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. <br />These items are called "Escrow Items. " At origination or at any time during the term of the Loan, Lender may require <br />that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and <br />assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid <br />under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation <br />to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for <br />any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower <br />shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has <br />been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such <br />time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for <br />all purposes 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 a waiver, and <br />Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such <br />amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may <br />revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon <br />such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this <br />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 entity <br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. <br />Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall <br />not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the <br />Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such <br />a charge. Unless 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 can agree in <br />writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual <br />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 twelve monthly payments. If there is a deficiency <br />of 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 />twelve 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 are <br />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 />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 3/99 <br />Document Systems, Inc. (800) 649 -1362 Page 4 of 11 <br />NE30284. DOT <br />