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<br />200703375 <br /> <br />origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and <br />Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall <br />promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for <br />Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive <br />Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in <br />writing. 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 Lender receipts <br />evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and <br />to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as <br />the phrase "covenant 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 9 and <br />pay such 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, upon such <br />revocation, Borrower 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 Lender to apply the Funds at <br />the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender <br />shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow <br />Items or otherwise in accordance with Applicable Law. <br />Thc Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity <br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender <br />shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge <br />Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless <br />Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an <br />agreement is made in writing or Applicable Law requires interest to be paid on tlle Funds, Lender shall not be required to pay <br />Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, iliat interest shall be <br />paid on the Funds. Lender shall give to 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 RESPA, Lender shall account to Borrower for the <br />excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defmed under RESP A, Lender <br />shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the <br />shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in <br />escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the <br />amount necessary to make up the deficiency in accordance with RESPA, but in no more than I 2 monthly payments. <br />Upon payment in fuJl of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any <br />Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the <br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, <br />and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower <br />shall pay them in the manner provided in Section 3. <br />Borrower shaJl promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as <br />Borrower is performing such 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 enforcemf.,llt of the lien while those proceedings arc <br />pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to <br />Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a <br />lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within <br />10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth <br />above in this Section 4. <br /> <br />Loan No: 126094936 <br /> <br />Nebraska Deed of Trust-Single Family-Fannie Mael}'reddie Mac UNIFORM INSTRUMENT <br />-THE COMPLIANCE SOURCE, INC.- Page 5 IIf 13 <br /> <br />www.comPlianccsourcc.comlllllllllllllllllllllllllllllllllllllllllllllllllllllll1I111I111111111 <br /> <br />fuifuk~ ~_~ <br /> <br />MERS Mod led Form 3028 01/01 <br />14301NE 08100 <br />02000, The Compliance Source, Inc. <br />