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202101621 <br />by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly <br />furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the <br />Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all <br />Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow <br />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 <br />payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts <br />evidencing such payment within such time period as Lender may require. Borrower's obligation to <br />make such payments and to provide receipts shall for all purposes be deemed to be a covenant and <br />agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in <br />Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower <br />fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and <br />pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such <br />amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in <br />accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in <br />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 <br />can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data <br />and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with <br />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 an <br />agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall <br />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 <br />charge, 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 <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 Borrower <br />shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but <br />in no more than 12 monthly payments. If there is a deficiency 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 deficiency in accordance with RESPA, but in no more than 12 <br />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 />HCFG-00359 <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP® <br />Wolters Kluwer Financial Services 2021021217.1.0.4574-J20180529Y <br />412985121212 <br />Form 3028 1/01 <br />12/ 7 <br />Page 5 of 17 <br />