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2oioooss~ <br />18762'75692 <br />at any time during the teen of the Laan, 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, <br />Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower <br />shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for <br />any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow <br />Items at 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 has been <br />waived by Lender and, ii' bender requires, shall furnish to Lender receipts evidencing such payment within <br />such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts <br />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 <br />directly, pursuant to a waiver, and Borrower fails to pay dte amount due for an Escrow Item, Under may <br />exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 4 <br />to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by <br />a notice given in accordance with Section 1S and, upon such revocation, Borrower shall pay to Lender all <br />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 <br />the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require <br />under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable <br />estimates of expenditures of future Escrow ltems or otherwise in accordance with Applicable Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, <br />or entity (including bender, if Lender is an institution whose deposits are sa insured) or in any Federal <br />Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under <br />RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow <br />account, or verifying the Escrow Items, unless bender pays Bon-ewer interest on the Funds and Applicable Law <br />permits Lender to make such a charge. i7nless an agreement is made in writing or Applicable Law requires <br />interest to be paid on the Funds, Lander shall not be required to pay Borrower any interest or earnings on the <br />Funds. Borrower and Lander can agree in writing, however, that interest shall be paid on the Funds. Lender <br />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 <br />Borrower far the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, <br />as defined under RESPA, Lender shall nntily Burrower 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 notify <br />Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the <br />deficiency in accordance with RESPA, but in no mare than 12 monthly payments. <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 />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions <br />attributable to the Property which can attain priority over this Security Instrument, leasehold payments or <br />ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the <br />extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3, <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless <br />Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable <br />to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, <br />or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 (page 5 of 16J <br />First American Loan Production Services <br />F'irsl American Real Estate Solutions LLC <br />FALPS# NEFM-5 Rev. 06-05-08 <br />/~ <br />