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201007522 <br />premiums, if any, or any sunns payable by Borrower to Lender in lieu of the payment of Martgage <br />Tnsurance premiums in. accordance with the provisions of Section 10. 'I'hese items are called "Escrow <br />Items. " At origir�ation or at a�ny time during the terrn 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 />assessments shall bc an Escrow Itern. Borrower shall promptly furnish ta Lender all notices of arnounts to <br />be paid under this Section. Borrower shall pay Lender the Punds far Escrow Items unless Lender waives <br />Borrower's obligation to pay the Funds for any or all Escraw Itezns. L,snder may waive Borrow�r's <br />obligation to pay to L,ender Funds for any or all Escraw Items at any time. Any such waiver may only be <br />in writing. Tn the event af 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 Lender and, if Lender requires, <br />shall furnish Co Lender receipts evidencing such payment within such time periad as L.ender 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 agreeznent contained in this Security Instrument, as the phrase "covenant and agreement" <br />is used ian Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and <br />Borrower fails to pay the arnount due for an Escrow Item, Lender may exercise its rights under Section 9 <br />and pay such arnount and Borrower shall then be obligated under Section 9 to repay to Lender any such <br />annount. Lender may revoke the waiver as to any or all Escrow Items at any tizne by a notice given in <br />accordance with Section 15 and, upon such revocatian, Borrower shall pay to Lender all Funds, and in <br />such anr�ounts, that are then required under this Section 3. <br />L,ender may, at any time, callect and hold Funds in an amount (a) su�ficient to permit Lender to apply <br />the Funds at the time specified under RESPA, and (b) not to exceed the maximuzn 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 estirnates of expenditures of future Escrow Items or atherwise in accordance with Applicable <br />Law. <br />The Funds shall be held in an institutian 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 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 perrnits Lender to make such a charge. Unless an agreement is made in writing <br />or Applicable Law requires interest to be paid on the Punds, Lender shall nat be required to pay Borrower <br />any interest or earnings an the Funds. Borrower and Lender can agree in writing, hawever, that interest <br />shall be paid on the Punds. Lender shall give to Borrower, without charge, an annual accounting of the <br />Funds as required by RESPA. <br />If Chere is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to <br />Borrower for the excess ftuids in accordance with RESPA. If there is a shortage of Funds held in escrow, <br />as 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 mare 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 L,ender the amount necessary to rnake <br />up the deficiency in accordance with RESFA, but in no more than 12 monthly payrnents. <br />Upon payment in full of all sums secured by this Security InsCrurnent, Lender shall promptly refund <br />to Borrower any Punds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and itnpositions <br />attributable to the Property which can attain priority over this Security Instrument, leasehold payments or <br />ground renCs on th.e Property, if any, and Community 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 />220005$73$ D V6ANE <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMEN7 WITH E <br />�-6AINE) �oa�o� Page 5 of 15 in�t�ais: � Form 3028 7/09 <br />� <br />