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<br />200705646
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<br />payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender
<br />and, if Lender requires, sha]] furnish to Lender receipts evidencing such payment within such time period
<br />as Lender may require. Borrower's obligation to make such payments and to provide receipts sha]] for all
<br />purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
<br />"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly,
<br />pursuant to a waiver, and Borrower fails to pay the amOlmt due for an Escrow Item, Lender may exercise
<br />its rights under Section 9 and pay such amount and Borrower sha]] then be obligated under Section 9 to
<br />repay to Lender any such amount. Lender may 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
<br />Lender a]] Funds, and in such amounts, that are then required under this Section 3.
<br />Lender may, at any time, co]]ect and hold Funds in an amount (a) sufficient to pennit Lender to
<br />apply the Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender
<br />can require under RESP A. Lender sha]] estimate the amount of Funds due on the basis of current data
<br />and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with
<br />Applicable Law.
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency,
<br />instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or
<br />in any Federal Home Loan Bank. Lender sha]] apply the Funds to pay the Escrow Items no later than the
<br />time specified under RESP A. Lender sha]] not charge Borrower for holding and applying the Funds,
<br />annua]]y analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower
<br />interest on the Funds and Applicable Law pennits Lender to make such a charge. Unless an agreement is
<br />made in writing or Applicable Law requires interest to be paid on the Funds, Lender sha]] not be required
<br />to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing,
<br />however, that interest shall be paid on the Funds. Lender sha]] give to Borrower, without charge, an
<br />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
<br />Borrower for the excess funds in accordance with RESPA. Ifthere is a shortage of Funds held in escrow,
<br />as defined under RESP A, Lender sha]] notify Borrower as required by RESP A, and Borrower sha]] pay to
<br />Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12
<br />monthly payments. If there is a deficiency of Funds held in escrow, as defmed under RESP A, Lender
<br />sha]] notify Borrower as required by RESP A, and Borrower sha]] pay to Lender the amount necessary to
<br />make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments.
<br />Upon payment in fu]] of all sums secured by this Security Instrument, Lender sha]] promptly
<br />refund to Borrower any Funds held by Lender.
<br />4. Charges; Liens. Borrower sha]] pay all taxes, assessments, charges, fines, and
<br />impositions attributable to the Property which can attain priority over this Security Instrument, leasehold
<br />payments or ground rents on the Property, if any, and Community Association Dues, Fees, and
<br />Assessments, if any. To the extent that these items are Escrow Items, Borrower sha]] pay them in the
<br />manner provided in Section 3.
<br />Borrower sha]] promptly discharge any lien which has priority over this Security Instrument
<br />unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
<br />acceptable to Lender, but only so long as Borrower is perfonning such agreement; (b) contests the lien in
<br />good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion
<br />operate to prevent the enforcement of the lien while those proceedings are pending, but only until such
<br />proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender
<br />subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is
<br />subject to a lien which cart attain priority over this Security Instrument, Lender may give Borrower a
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<br />NEBRASKA - Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3028 1/01
<br />6A(NE)(0407).OI Page 5 ofl6 .. }/rl_.../::fc. 18"
<br />Illltlals: '(Jd--7~X
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