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201140485 <br />premiums, if any, or any sums payable by Borrower to Lender in lieu af 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 Assessrnents, if any, be escrowed by Borrower, and such dues, fees and <br />assessments shall be an Bscrow 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 Iterns unless Lender waives <br />Borrower's obligation to pay the Funds for any or all Escrow Items. L.ender may waive Borrower's <br />obligation to pay to Lender Funds for any or all Escrow Items at any ti�r►e. 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 �scrow Items far which payment of Funds has been waived by Lender and, if I,ender requixes, <br />shall furnish to I.ender 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. Tf 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 Sectian 9 <br />and pay such amouunt and Borrower shall then be obligated under Section 9 to repay to Lender any such <br />amount. I.ender may revoke the waiver as to any or all Escrow Iterns at any time by a notice given in <br />accordance with Section 15 and, upon such revocation, Banower shall pay to Lender all Funds, and in <br />such amounts, that are then required under this Section 3. <br />Lender rnay, at any time, collect and hold Funds in an amount (a) sufficient to pernut Lender to apply <br />the Funds at the tirne specified under RESPA, and (b) not to exceed the maxirnum amount a lender can <br />require under RESPA. Lender sha11 estimate the amount of Funds due on the basis of current data and <br />reasanable 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 aze 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 Horne Loan Bank. L.ender shall apply the Funds to pay the Escrow Items no later than the tirne <br />speci£ied 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 pernuts Lender to rnake 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 wz�ting, however, that interest <br />shall be paid on the Funds. Lender shall give to Borrower, without charge, a�n annual accounting of the <br />Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as de�ined 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 escxow, <br />as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to <br />Lender the amount ne:cessary 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 de£ined under RESPA, Lender shall <br />notify Barrower as required by RESPA, and Borrower shall pay to Lender the arnount necessary to rnake <br />up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in full of all sums seeured by this Security Instrument, I.ender shall promptly refund <br />to Barrawer any Funds held by Lender. <br />4. Charges; Liens. Barrower shall pay all ta7ces, assessments, charges, �nes, and impositions <br />attributable to the Froperty which can attain priority over this 5ecurity Instrurnent, leasehold payments or <br />ground rents on the Property, if any, and Comrnunity Association Dues, Fees, and Assessrnents, if any. To <br />the extent that these iterns are Escrow Iterns, Borrower shall pay thera in the manner provided in Sectian 3. <br />NEBRASKA - 5ingle Family - Fannie MBalFreddie MaC UNIFORM INSTRUMENT <br />�-61NE) loet t1 Page 5 ot 15 i��c�ais: Form 3028 1/01 <br />� �� <br />