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<br />200605441 <br /> <br />Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. <br />To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic <br />Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to <br />any prepayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the <br />Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the <br />Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and <br />assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on <br />the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all <br />insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums <br />payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the <br />provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of <br />the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by <br />Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to <br />Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow <br />Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may <br />waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver <br />may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the <br />amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender <br />requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may <br />require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to <br />be a covenant 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, and Borrower <br />fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such <br />amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may <br />revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, <br />upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under <br />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 />Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can require under <br />RESP A. 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 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 <br />Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. <br />Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or <br />verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits <br />Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be <br />paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower <br />and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to <br />Borrower, without charge, an annual accounting of the Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESP A, 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 <br />RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount <br />necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If <br />there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required <br />by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance <br />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 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 /> <br />NEBRASKA. Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />NE Deed <br />231777 NEdeed_conf.doc (Rev 00, 07/03) Page 4 of 13 <br /> <br />I<'orm 3028 1101 <br />888 888219829610304007081 <br />