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201100479 <br />premiwns, if any, or any sums payable by $orrower to Lender in lieu of the payment of Mortgage <br />Insurance premiums in accordance with the provisions of Section lp. 'I'hese iterns are called "Escrow <br />Items. " At origination or at any time during the term of the L.oan, Lender may require that Community <br />Assaciation Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and <br />assessments shall be an Escrow Itern. Borrower shall promptly furnish to T�.ender all notices of amounts to <br />be paid under this Section. Borrower shall pay Lender the Funds for Escrow Ttems unless l,ender waives <br />Borrower's obligation to pay the Funds for any or all Escrow Iterns. T.�nder may waive Borrower's <br />obligation to pay to I.ender Funds far any or all Escrow Items at any time. Any such waiver may only be <br />in writing. Tn 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 Lender and, if I.ender requires, <br />shall furnish to Lender receipts evidencing such payment within such time periad as Lender may require. <br />Borrawer's obligation to make such payments and to provide receipts shall for all purposes be deemed to <br />be a covenant and agreement cantained in this Security Instrument, as the phrase "covenant and agreernent" <br />is used in Sectian 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and <br />Borcower fails to pay the amount due far an Escrow Item, Lender may ezercise 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 tirne by a notice given in <br />accordance with Section 15 and, upon such revocatian, Borrawer sha11 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 arnount (a) suf�icient to permit I..ender to apply <br />the Funds at the time specified under RESPA, and (b) not to exceed the maximutn amount a lender can <br />require under R�SPA. I.ender shall estimate the amount af Funds due on the basis of current data and <br />reasonable estimates of expenditures of future Escrow Items or otherwise in accardance 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 L.ender is an institution whose deposits are so insured) or in <br />any Federal Horne Loan Bank. Lender shall apply the Funds to pay the F..scrow Ttems no later than the time <br />sp�ci�ed under RESPA. Lender shall not charge Borrower for holding and applying the Funds, az�ually <br />anaiyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the <br />Funds and Applicable I..aw 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 at�nual 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 ac�our►t to <br />Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held 'ua escrow, <br />as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower sttall �ay �+ <br />I..,ender the amount necessary ta make up the shortage in accordance with RESPA, but in no rnore ti� 12 <br />rnonthly payments. If there is a de�ciency of Funds held in escrow, as defined under RESPA, Lender si�all <br />notify Borcower as required by RESPA, and Borrower shall pay to L.ender the amount necessary to make <br />up the de�ciency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in full of all sums secur�d by this Security lnstrument, Lender shall promptly refund <br />to Borrower any Funds held by Lender. <br />4. Charges; Liens. Borcower shall pay all taxes, assessments, charges, fines, and impositions <br />attributable to tlxe 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 />�-6�NE11oattl Page5of15 i�;t�ais�� Form3028 1/07 <br />� <br />