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<br /> <br /> <br /> 201100279 <br /> <br /> <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, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and <br /> assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to <br /> be paid under this Section. Borrower 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 Borrower's <br /> obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may 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 Leander and, if Lender requires, <br /> shall furnish to 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 to <br /> be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" <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 Item, 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 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 time specified under RESPA, and (b) not to exceed the maximum 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 /> 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 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 permits Lender to make such a charge. Unless an agreement is made in writing <br /> or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower <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, 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 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 more 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 Lender the amount necessary to make <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, 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 <br /> the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. <br /> NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br /> 40 -6(NE) (oe11) Page 5 of 15 initials: Form 3028 1/01 <br />