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200904079
<br />premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
<br />insurance premiums in accordance with the provisions of Section 10. 'hhese items are called "Escrow
<br />Items." At origination or at any time during the term of the Loan, Lender may require that Community
<br />Association Dues, Fecs. and Assessments. if any, be escrowed by Borrower. and such dues, fees and
<br />assessments shall be an Escrow [tem. Borrower shall promptly furnish to Lender all notices of amounts to
<br />be paid under this Section. Borrower shall pay Lender the Funds for Escrow lte-ns unless Lender waives
<br />Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
<br />obligation to pay to Lcndcr Funds for any or all Escrow Iicros at an}~ time. Any such waiver may only be
<br />in writing. Ira the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
<br />due for any lscrow Items (or which payment of Funds has been waived by Lender and. if I_,ender requires,
<br />shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
<br />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"
<br />is used in Section 9. if Borrower is obligated to pay Escrow items directly, pursuant to a waiver, and
<br />Borrower fails to pay the amount due for an escrow Item„ Lender may exercise its rights under Section 4
<br />and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
<br />amount. Lender may revoke the waiver as to any or all Escrow Items at any titne by a notice given in
<br />accordance with Section 1.5 and, upon such revocation, Borrower shall pay to Lender a}1 Funds, and in
<br />such amounts,. that are then required under this Section ~.
<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 RESPA. }.,ender shall estnnate 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 Applicable
<br />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 in
<br />any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
<br />specified under RESPA. Lender shall not charge Borrower far holding and applying the Funds, almua.lly
<br />analyzing the escrow account, or verifying the Escrow lterns, unless Lender pays Borrower interest on the
<br />Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
<br />or Applicable Law requires interest to be paid on the Fu~~ds, Lender shall not be required to pay Borrower
<br />any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that. interest
<br />shall be paid on the Funds. Lender shall dive to Borrower, without charge, art a.nrtual accounting of the
<br />Funds ae required by RESPA.
<br />Ii' there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
<br />Borrower t~~r the. excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
<br />~~s defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
<br />Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
<br />monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
<br />notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
<br />up the deficiency in accordance with RESPA, but in no more than }? monthly payments.
<br />upon payment in full oi' ati sums secured by this Security Instrument, Lender shall promptly rctinid
<br />to Borrower any Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pay all t.~txcs, assessments, charges, fines, and impositions
<br />attributable to the Property which can attain priority over this Security lnstrument, leasehold payments or
<br />ground rents oft the Property, if any, and Community association 17ues, Fees, and Assessments, if any. To
<br />the extent that these items are 1>scrow }toms, Borrower shall pay them in the manner provided in Section ~.
<br />23532
<br />NEBRASKA -Singly Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />-6(NE) ~o~~~~ Page5 of ~5 init~ais ~` Form 3028 1/01
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