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200205823 <br />required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by <br />Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of <br />Section 10. 'these items are called "Fscnnv Iterns." At origination m at any time during the term of the Loan, <br />Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, <br />and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices <br />of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender <br />waives Borrower's obligation to pay Ole Funds for any m all Escrow Items. Lender may waive Borrower's <br />obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. <br />In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow <br />Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to bender <br />receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make <br />such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in <br />this Security Instrument, as the phrase "covenant and agreement" is used in Section 9, If Borrower is obligated to <br />pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, <br />Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated tinder <br />Section 9 to repay to Lender any such amount. Lender nmy revoke the waiver as to any or all Escrow Items at any <br />time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all <br />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 Lender In apply the <br />Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under <br />RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of <br />expenditures of future Escrow Items or otherwise in accordance with Applicable Law. <br />Thr Funds shall be held in an institution whose deposits are insured by a 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. Tender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender <br />,hall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying <br />the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make <br />such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, <br />Lender shall not be required to pay Borrower any interest or cautious on the Funds. Borrower and Lender can agree <br />in writing, however, that interest shall be and an Lh , Fund,. Lender shall give to Borrower, without charge. an <br />annual accounting ofthe I unds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower <br />for the excess funds in accordance with RESPA. If there is a shortage of Rinds held in escrow, a, defined under <br />RESPA, Lender shall notify, Borrower as required by RESPA, and Borrower shall pay to I ender the amount <br />necessary to make or the shortage in accordance with RESPA, but in no more than 12 monthly payments_ If there is <br />a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by <br />RESPA, and Borrower shop pay to Lender the amount necessary to make up the deficiency in accordance with <br />RESPA, but in no more than 12 monthly pa)enents. <br />Upon payment in full of all suns secured by this Security Instrument, Lcndcr shall pruuptly refund to <br />Borrower any Funds held by Lender. <br />4. Charge,; Liens. Borrower shall pay all taxes, assessments, charges, . fines, and impositions attributable <br />to the Property which can attain priority over this Security Instrument, leasehold paynucnts or ground rents on the <br />Property, iI any, and Cmnmunit, Association Dues, fees, and Assessments, if any. To [tic extent that these items <br />arc F,scmw Items, Borrower shall pay them in the manner provided in Section 3. <br />Borrmver shall promptly discharge any lien which has priority over this Security Instrument unless <br />Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to <br />Iender, but only so long as Borrower is performing such agreement (b) contests the lien in good faith by, or <br />defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the <br />enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) <br />eceme, from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security <br />Instrument If Lender determines that any part of the Property is subject to a lien which can attain priority over this <br />Security Instrument, Lender may give Borrower a notice identrNing the lien. Within 10 days of the date on which <br />NEBRASKA Single Family—Fannie Mae /Freddie FLxc IN[ FORM INS I8r YILN l Form 30261 An <br />DO(V IACI (P"' l of 12 pv8c'O <br />oocmrvc4.V2% It /1B /2000 <br />