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202405367 <br />Items (the "Funds"). The amount of the Funds required to be paid each month may change during the term of the <br />Loan. Borrower must promptly furnish to Lender all notices or invoices of amounts to be paid under this Section 3. <br />(b) Payment of Funds; Waiver. Borrower must pay Lender the Funds for Escrow Items unless Lender waives <br />this obligation in writing. Lender may waive this obligation for any Escrow Item at any time. In the event of such <br />waiver, Borrower must pay directly, when and where payable, the amounts due for any Escrow Items subject to the <br />waiver. If Lender has waived the requirement to pay Lender the Funds for any or all Escrow Items, Lender may <br />require Borrower to provide proof of direct payment of those items within such time period as Lender may require. <br />Borrower' s obligation to make such timely payments and to provide proof of payment is deemed to be a covenant and <br />agreement of Borrower under this Security Instrument. If Borrower is obligated to pay Escrow Items directly pursuant <br />to a waiver, and 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 accordance with <br />Section 9. <br />Lender may withdraw the waiver as to any or all Escrow Items at any time by giving a notice in accordance with <br />Section 16; upon such withdrawal, Borrower must pay to Lender all Funds for such Escrow Items, and in such <br />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 in an amount <br />up to, but not in excess of, the maximum amount a lender can require under RESPA. Lender will estimate the amount <br />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, instrumentality, <br />or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan <br />Bank. Lender will apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender <br />may not charge Borrower for: (i) holding and applying the Funds; (ii) annually analyzing the escrow account; or (iii) <br />verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable. Law permits Lender <br />to make such a charge. Unless Lender and Borrower agree in writing or Applicable Law requires interest to be paid <br />on the Funds, Lender will not be required to pay Borrower any interest or earnings on the Funds. Lender will give <br />to Borrower, without 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 surplus of Funds <br />held in escrow, Lender will account to Borrower for such surplus. If Borrower' s Periodic Payment is delinquent by <br />more than 30 days, Lender may retain the surplus in the escrow account for the payment of the Escrow Items. If there <br />is a shortage or deficiency of Funds held in escrow, Lender will notify Borrower and Borrower will pay to Lender <br />the amount necessary to make up the shortage or deficiency in accordance with RESPA. <br />Upon payment in full of all sums secured by this Security Instrument, Lender will promptly refund to Borrower <br />any Funds held by Lender. <br />4. Charges; Liens. Borrower must pay (a) all taxes, assessments, charges, fines, and impositions attributable <br />to the Property which have priority or may attain priority over this Security Instrument, (b) leasehold payments or <br />ground rents on the Property, if any, and (c) Community Association Dues, Fees, and Assessments, if any. If any <br />of these items are Escrow Items, Borrower will pay them in the manner provided in Section 3. <br />Borrower must promptly discharge any lien that has priority or may attain priority over this Security Instrument <br />unless Borrower: (aa) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable <br />to Lender, but only so long as Borrower is performing under such agreement; (bb) contests the lien in good faith by, <br />or defends against enforcement of the lien in, legal proceedings which Lender determines, in its sole discretion, <br />operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings <br />are concluded; or (cc) secures from the holder of the lien an agreement satisfactory to Lender that subordinates the <br />lien to this Security Instrument (collectively, the "Required Actions"). If Lender determines that any part of the <br />Property is subject to a lien that has priority or may attain priority over this Security Instrument and Borrower has <br />not taken any of the Required Actions in regard to such lien, Lender may give Borrower a notice identifying the lien. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) <br />Form 3028 07/2021 <br />Page 6 of 19 <br />*DocMagic <br />