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2010U7480
<br />premiwns, 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. These items are called "Escrow
<br />Items." At originatian or at any time during the term of the Loan, Lender may require that Community
<br />Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
<br />assessrnents shall be an Escrow Itern. Borrower shall promptly fumish to Lender all notices of arnounts to
<br />be paid under this Section. Borrower shall pay L.ender the Funds for Escrow Items 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 Lender Funds far any or all Escrow Items at a�ny time. Any such waiver rnay only be
<br />in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
<br />due for any Escrow Items for which payment of Funds has been waived by I,ender and, if Lender requires,
<br />shall furnish to Lender receipts evidencing such payrnent 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 containe� in this Security Instrument, as the phrase "covenant and agreemenc"
<br />is used in Section 9. If Borrower is obligated to pay Escrow Iterns directly, pursuant to a waiver, and
<br />Borrower fails to pay the amount due for an Escrow Item, Lender may exez�cise its rights under Section 9
<br />and pay such amount and Borrower shall then be obligated under Se�tion 9 to repay to Lender any such
<br />ampunt. 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, uppn such revocation, Borrower shall pay to Lender all Funds, and in
<br />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 tirne specified under RESPA, and (b) not to exce� the maximurn amount a lender can
<br />require under RESPA. 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 Applicable
<br />L,aw.
<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 Fe�eral Home Loan Banlc. Lender shall apply the Funds to pay the Escrow Items no later than the time
<br />specified under RESPA. Lender shall not charge Barrower for holding and applying the Funds, annually
<br />analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
<br />Funds and Applicable Law permits Lender to xnake such a charge. Unless an agreennent is made in writing
<br />or Applicable Law requires interest to be paid on the �unds, I.ender shall not be required to pay Barrower
<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 give to Borrower, without charge, an annual accounting of the
<br />Funds as required by RESPA.
<br />If there is a surplus of Funds held in escrow, as defined under RESPA, L.ender shall account to
<br />Borrower for the excess funds in accordance with RESPA. If there is a shortage of Punds held in escrow,
<br />as defined under RESPA, Lender shall notify Banower as required by RESPA, and Barrower shall pay to
<br />Lender the amount necessary to rnake up the shortage in accordance with RESPA, but in no rnore than 12
<br />monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
<br />❑otify Barrower as required by RESPA, and Borrower shall pay to Lendex the amaunt necessary to rnake
<br />up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
<br />Upon payment in full of all sums secured by this Security Instrument, I.ender shall prornptly refund
<br />to Borrawer any Funds held by Lender.
<br />4. Charges; Liens. Borrower sha�ll pay all taxes, assessments, charges, £ines, and imposition�s
<br />attributable ta the Property which can atta.in priority over this Security Instrument, leasehold payments or
<br />ground rents on the Property, if any, and Cornrnuruty Association Dues, Fees, and Assessments, if any. To
<br />the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
<br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFpRM INS7RUMENT
<br />�-61NE) 1oe111 Page 5 of 15 init+ais: ��� Form 3028 1/07
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