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201008348
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<br />items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments
<br />or ground rents on the Froperty, if any; (c) premiums for any and all insuranec required by Lender under Section 5; and (d)
<br />Mortgage Insurance premiums, if any, pr any sums payable by Borrower tp Lender in lieu of the payment of Mortgage
<br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escraw Items." At origination or
<br />at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any,
<br />be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. $orrower shall promptly furnish to
<br />Lender all notices of announts to be paid under this Section, Borrower shall pay Lender the Funds far Escrow Items unless
<br />Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to
<br />pay to Lender �'unds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such
<br />waiver, �orrower shall pay directly, when and where payable, the amounts due for any �scrow Items for which payment of
<br />Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within
<br />such time period as Lender may require. Borrower's abligation to make such payments and to provide receipts shall for all
<br />purposes be deerned to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and
<br />agrc�ment" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant ta a waiver, and Borrawer
<br />fails to pay the amount due for an �scrow Item, Lender may exercise its rights under Section 9 and pay such amount and
<br />Borrower shall then be obligated under Section 9 to repay to Lender any such amount. L�nder rnay revoke the waiver as to any
<br />or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocatian, Bonower shall pay
<br />to Lender all Funds, and in such amounts, that are then required under this $ection 3.
<br />I,ender may, at any time, collect and hold Funds in an amount (a) sufficienc to permit Lender to apply the Funds at the
<br />time specified under RESPA, and (b) not to exceed the maximum arnount a lender can require under RESPA. Lender shall
<br />estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
<br />or otherwise in accordance with Applicable Law.
<br />The Funds shall be held in an institutian whose deposits are insured by a federal agency, instrumentality, or entity
<br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank, Lender shall
<br />apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge $orrower for
<br />holding and applying the Funds, annually analyzing the escrow account, ar verifying the Escrow Items, unless Lender pays
<br />Borrower interest on the Funds and Applicable Law perxnits Lender to make such a charge. Unless an agreement is made in
<br />writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest
<br />or earn.ings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender
<br />shall give to Barraw�r, without charge, an annual accounting of the Funds as required by RESPA.
<br />If there is a surplus af Funds hcld in escrow, as defined under RESPA, Lender shall account to Borrower for the
<br />excess funds in accordance with RESPA. If there is a shortage af �'unds held in escrow, as de�ned under R�SPA, Lender shall
<br />notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shartage in
<br />accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined
<br />under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to
<br />make 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, Lender shall promptly refund to Borrower any
<br />Punds held by Lender.
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
<br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,
<br />and Community Association Dues, Fees, and Assessments, if any. To the extent that thcsc items are Escrow Items, Borrower
<br />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 Borrower: (a)
<br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as
<br />Barrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in,
<br />legal proceedings which in L.ender's opinion operate to prevent the enforcement of the lien while those proceedings are
<br />pending, but anly until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to
<br />Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Ptopetty is subject to a licn
<br />which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Within 10 days
<br />of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in
<br />this Section 4.
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />1�i 338.2 Page 4 of 12 Form 30281/01
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