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<br />200602428 <br /> <br />Funds for any or all Escrow Items at any time. Any sucb waiver may only be in writing. In the event of 5uch waiver, <br />Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of <br />Funds bas been waived by Lender and, if Lcnder requires, shall furnish to Lender rceeipts evidencing such payment <br />within such timc period as Lender may require. Borrower's obligation to make such payments and to provide receipts <br />shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase <br />Ueovenant and agreement. is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to <br />a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section <br />9 and pay such amount and Borrower shall thel1 be obligated under Section 9 to repay to Lender any such amount. <br />Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section <br />15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required <br />under this Scction 3. <br />Lcnder may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the <br />Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lcndcr can require under <br />RESP A. Lender shall cstimate the amount of Funds due on thc basis of currcnt data and reasonable estimates of <br />expenditures of future Escrow Items or otherwise in accordance with Applicable Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or <br />entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. <br />Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall <br />not charge Borrower for holdil1g and applying the Funds, annually analyzing the escrow account, or verifying the <br />Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennits Lender to make such <br />a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender <br />shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in <br />writing, bowever, that interest shall be paid on tbe Funds. Lender sball give to Borrower, without charge, an annual <br />accounting of the Funds as required by RESP A. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for <br />the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, <br />Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make <br />up tbe shortage in accordance with RESP A, 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 RESPA, and Borrower <br />shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than <br />12 montWy payments. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to <br />Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to <br />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 are <br />Escrow Items, 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 Borrower: <br />(a) agrees in writing to the payment of tbe obligation secured by tbe lien in a manner acceptable to Lendcr, but only <br />so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against <br />enforcemcnt of the lien in, legal proceedings which in Lender's opinion operate to prevent tbe enforcement of the <br />lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from tile holder <br />of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender <br />determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, <br />Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, <br />Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. <br />Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting <br /> <br />Nebrllsl.n Deed of Trust-Single Family-Fannie Mac/Freddie Mac UNIFORM INSTRUMENT <br />-THE COMPLIANCESQURCE. INC.- Page 5 of 14 <br />www.compliancesource.com <br /> <br />Ini,;.~, ~3- ~ <br /> <br />Form 31128 0 ml <br />14001NE 08/00 <br />il2000, The Compliance Source, Inc. <br />[Doc ID 6646] <br />