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2010��040 <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. These 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, �'ees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and <br />assessrnents shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to <br />be paid under this Sectian. Barrower shall pay Lender 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 $orrower's <br />obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver rnay only be <br />in writing. In the event of such waiver, $orrower shall pay directly, when and where payable, the amounts <br />due for any Escrow Items far which payment af Funds has been waived by Lender and, if Lender requires, <br />shall furnish ta 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 Co <br />be a covenanC and agreement contai.ned in this SecuriCy Instrument, as the phrase "covenant and agreernent" <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 Itern, Lender may exercise its rights under Section 9 <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 time by a notice given in <br />accordance with Section 15 and, upon such revacation, Borrower shall pay to Lender all Funds, and in <br />such amounts, that are then required under this Section 3. <br />I.ender may, at any time, collect and hold Funds in an amount (a) suf�icient 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 R�SPA. 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 />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 I.oan Bank. Lender shall apply the Funds to pay the Escrow Itetns 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 Boxrower interest on the <br />Funds and Applicable Law permits L.ender to make such a charge. Unless an agreement is rnade in writing <br />or Applicable Law requires interest to be paid on the Funds, Lendex shall not be required to pay Borrower <br />any interest or earnings an the Funds. Borrower and Lender can agxee in writing, however, that interest <br />shall be paid on the Funds. L.ender 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 RE5PA, Lender shall account to <br />Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, <br />as defined under RESPA, Lender shall notify Boxrower 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 nnore than 12 <br />monthly payrnents. Tf there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall <br />notify Borrawer as required by RESPA, and $orrower shall pay ta Lender the atnount necessary to make <br />up the deficiency in accordance with R�SPA, but in no more than 12 manthly payments. <br />Upon payment in full of a11 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 taat�s, assessments, charges, fines, and impositions <br />attributable to the ProperCy which can attain priority over this Security Instzvment, leasehold payments or <br />ground rents on the Property, i� any, and Community Association Dues, Fees, and Assessments, if any. To <br />the extent that Chese items are Escrow Items, Borrower shall �ay them in the manner provided in Section 3. <br />2200067769 D V6ANE <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS� <br />�-6A�NE) roaiol Page 5 of 15 Initials Form 3028 1/01 <br />m <br />