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<br />" <br /> <br />" <br /> <br />200800622 <br /> <br />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 <br />Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow <br />Items. Lender may waive Borrower's obligation to pay to lender Funds for any or all Escrow Items at <br />any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay <br />directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds <br />has been waived by lender and, if lender requires, shall furnish to Lender receipts evidencing such <br />payment within such time period as lender may require. Borrower's obligation to make such <br />payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement <br />contained in this Security Instrument, as the phrase "convenant and agreement" is used in Section 9. <br />If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay <br />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. <br />Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in <br />accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and <br />in such amounts, that are then 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 <br />apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a <br />lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of <br />current data and reasonable estimates of expenditures of future Escrow Items or otherwise in <br />accordance with 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. Lender 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, under 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 <br />agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, <br />without charge, an annual accounting of the 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 RESPA, lender shall notify Borrower as required by RESPA, and Borrower <br />shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in <br />no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under <br />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 12 <br />monthly payments. <br /> <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund <br />to Borrower any Funds held by lender. <br /> <br />4200001 <br /> <br />MEAS Modified Form 3028 1101 <br />(Pll"" 5 of 16 Pll~ <br /> <br />"~.~ <br /> <br />NEBRASKA-Single F.mlly-FANNIE MAElFAEDDlE MAC UNIFORM INSTRUMENT <br />