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202402772 <br />Borrower fails to pay timely the amount due for an Escrow Item, Lender may exercise its rights under <br />Section 9 to pay such amount and Borrower will be obligated to repay to Lender any such amount in <br />accordance with Section 9. <br />Lender may withdraw the waiver as to any or all Escrow Items at any time by giving a notice in <br />accordance with Section 16; upon such withdrawal, Borrower must pay to Lender all Funds for such <br />Escrow Items, and in such amounts, that are then required under this Section 3. <br />(c) Amount of Funds; Application of Funds. Lender may, at any time, collect and hold Funds <br />in an amount up to, but not in excess of, the maximum amount a lender can require under RESPA. Lender <br />will estimate the amount of Funds due in accordance with Applicable Law. <br />The Funds will be held in an institution whose deposits are insured by a U.S. federal agency, <br />instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in <br />any Federal Home Loan Bank. Lender will apply the Funds to pay the Escrow Items no later than the time <br />specified under RESPA. Lender may not charge Borrower for: (i) holding and applying the Funds; (ii) <br />annually analyzing the escrow account; or (iii) verifying the Escrow Items, unless Lender pays Borrower <br />interest on the Funds and Applicable Law permits Lender to make such a charge. Unless Lender and <br />Borrower agree in writing or Applicable Law requires interest to be paid on the Funds, Lender will not be <br />required to pay Borrower any interest or earnings on the Funds. Lender will give to Borrower, without <br />charge, an annual accounting of the Funds as required by RESPA. <br />(d) Surplus; Shortage and Deficiency of Funds. In accordance with RESPA, if there is a <br />surplus of Funds held in escrow, Lender will account to Borrower for such surplus. If Borrower's <br />Periodic Payment is delinquent by more than 30 days, Lender may retain the surplus in the escrow account <br />for the payment of the Escrow Items. If there is a shortage or deficiency of Funds held in escrow, Lender <br />will notify Borrower and Borrower will pay to Lender the amount necessary to make up the shortage or <br />deficiency in accordance with RESPA. <br />Upon payment in full of all sums secured by this Security Instrument, Lender will promptly refund to <br />Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower must pay (a) all taxes, assessments, charges, fines, and impositions <br />attributable to the Property which have priority or may attain priority over this Security Instrument, (b) <br />leasehold payments or ground rents on the Property, if any, and (c) Community Association Dues, Fees, <br />and Assessments, if any. If any of these items are Escrow Items, Borrower will pay them in the manner <br />provided in Section 3. <br />Borrower must promptly discharge any lien that has priority or may attain priority over this Security <br />Instrument unless Borrower: (aa) agrees in writing to the payment of the obligation secured by the lien in a <br />manner acceptable to Lender, but only so long as Borrower is performing under such agreement; (bb) <br />contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which <br />Lender determines, in its sole discretion, operate to prevent the enforcement of the lien while those <br />proceedings are pending, but only until such proceedings are concluded; or (cc) secures from the holder of <br />the lien an agreement satisfactory to Lender that subordinates the lien to this Security Instrument <br />(collectively, the "Required Actions"). If Lender determines that any part of the Property is subject to a <br />lien that has priority or may attain priority over this Security Instrument and Borrower has not taken any of <br />the Required Actions in regard to such lien, Lender may give Borrower a notice identifying the lien. <br />Within 10 days after the date on which that notice is given, Borrower must satisfy the lien or take one or <br />more of the Required Actions. <br />1555500275 <br />NEBRASKA - Single Family • Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3028 07/2021 <br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289 Page 7 of 22 <br />i <br />iv <br />A <br />R <br />