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200206085 <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 "Escrow Items' At origination or at any time during the term of the Luau, <br />Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Be, inof r, <br />and such dues, fees and assessments shall be an Escrow Item_ Borrower shall promptly fumish 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 the funds for any or all Escrow Items. Lender may waive Borrower's <br />obligation to pay to Lender funds for any or all Escrow Items at any Lime. Any such waiver may only be in writing. <br />ht 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 Lender <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 he 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 Burrower is obligated to <br />pay Escrow Items directly_ pursuant to a waiver, and Borrower fails to pay Lhc amount due for an Escrow Item, <br />Lender may exercise its rights under Section 9 and pay such amount and Borrower shall [lien be obligated under <br />Section 9 to repay to Lender any such amount. lender may revoke [lie 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 to apply the <br />I unds 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 />The Fund, shall be held in an institution whose deposits are insured by a federal agency, instrumentality, <br />or entity (including Lender if Lender i, an institution whose deposits are so insured) or in any Federal Home Loan <br />Bank_ Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RGSPA Lender <br />shall not charge Burrower 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 earnings on the Funds. Borrower and lender can sgmn <br />in writing, however, that interest shall be paid on the funds_ Lender shall give to Borrower, without charge, an <br />annual accounting of the 1vnds 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 Funds held in escrow, as defined under <br />RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount <br />necessary to make up the shortage in accordance with RESPA, but in no mire than 12 monthly payments. Ifthere is <br />a deficiency of funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by <br />RGSPA and Borrower shall pay to Lcndcr the amount necessary to make up the deficiency in accordance with <br />RGSPA but in no more than 12 monthly payrnnLLS. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to <br />Borrower any Funds held by Lcndcr. <br />4. Charges; Liens. Bormwcr shall pay all taxes, assessments, charnes, fines, and impositions attributable <br />to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the <br />Property if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items <br />me Escrow Item, Borrower shall pay them in the manner provided in Section 3. <br />Borrower 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 />Lender, but only ,, 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 />sccmes from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security <br />Instrument If Lcndcr determines that any part of the Property is subject to alien which can attain priority over this <br />Security Instrument, bender may give Borrower o notice identifying the lien. Within 10 days ofthe date on which <br />NEBRA56MSIn_Jr I'ami H_— Fannie MadFrsd, it Mar I NIFORM INS IRl MENT I roan 3025 1 /01 <br />c"11111" /Page J ,fl > pu5cr) <br />ooculxca.vix v /te /:000 <br />