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200406472
<br />Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at
<br />any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall
<br />pay directly, when and where payable, the amounts due for any Escrow Items for which payment
<br />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
<br />to make such payments and to provide receipts shall for all purposes be deemed to be a covenant
<br />and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is
<br />used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver,
<br />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
<br />repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at
<br />any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower
<br />shall pay to 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
<br />Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the
<br />maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds
<br />due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
<br />or otherwise in 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
<br />insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow
<br />Items no later than the time specified under RESPA. Lender shall not charge Borrower for
<br />holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow
<br />Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to
<br />make such a charge. Unless an agreement is made in writing or Applicable Law requires interest
<br />to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on
<br />the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the
<br />Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as
<br />required by RESPA.
<br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall
<br />account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of
<br />Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
<br />RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in
<br />accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of
<br />Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
<br />RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in
<br />accordance with RESPA, but in no more than 12 monthly payments.
<br />Upon payment in full of all sums secured by this Security Instrument, Lender shall
<br />promptly 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,
<br />Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall
<br />pay them in the manner provided in Section 3.
<br />Borrower shall promptly discharge any lien which has priority over this Security
<br />Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the
<br />lien in a manner acceptable to Lender, but only so long as Borrower is performing such
<br />agreement;(b) contests the lien in good faith by, or defends against enforcement of the lien in,
<br />legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while
<br />those proceedings are pending, but only until such proceedings are concluded; or (c) secures from
<br />the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
<br />Instrument.
<br />NEBRASKA — Single Family— Fannle Mae/Freddie Mae UNIFORM INSTRUMENT (MERS) Form 3028 1/01 (page S ojl6 pages)
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