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<br />200706721 <br /> <br />(a) taxes and assessments and other items whieh ean attain priority over this Security Instrument as a <br />lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; <br />(c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage <br />Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of <br />Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called <br />"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that <br />Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such <br />dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all <br />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. <br />Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any <br />time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, <br />when and where payable, the amounts due for any Escrow Items for which payment of Funds has been <br />waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment <br />within such time period as Lendcr may require. Borrower's obligation to make such payments and to <br />provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this <br />Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is <br />obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due <br />for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower <br />shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the <br />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 <br />required under this Section 3. <br /> <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply <br />the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can <br />require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and <br />reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with <br />Applicable Law. <br /> <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. Lcnder shall apply the Funds to pay the Escrow Items no later than <br />the time specified under RESPA. Lender shall not charge Borrower for holding and applying the <br />Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays <br />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 the Funds, Lender shall <br />not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree <br />in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without <br />charge, an annual accounting ofthe Funds as required by RESPA. <br /> <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to <br />Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in <br />escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower <br />shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, hut in <br />no more than 12 monthly payments. If there is a deficiency 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 <br />amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 <br />monthly payml.:nts. <br /> <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 /> <br />NEBRASKA - Single Family - Fanntl! MnlFrtddlt M.~ UNIFORM INSTRUMENT <br />\) 2004-2006 Copyright Compliance Sl'ltems, r",. 2026.32711. - 2006.11.140 <br />Single Family Real Estate. Secutity IngtlUrrent DL2047 <br /> <br />Page 4 of 14 <br /> <br />lionn 3028 1101 <br />www.compHancesystellls.eolll <br />800-968.8522. Fax 616.956-18M <br />