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2011QU494 <br />4s2azna9s <br />items which can attain priority over this Sccurity Instrument as a lien or encumhrance on the Property; (b) leasehold payments <br />or ground rents on the Property, if any; (c) preix�iun�s for any and all insurancc rcquircd by Lcndcr undcr Scction 5; and (d) <br />Mortgage ins��rance prcmiunls, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mort�age <br />Insurancc prcmiums in accord�nce with the provisions of Section 10. Thcsc itcros are callcd "Lscrow Itcros." At origination or <br />at any time during thc tcrm of thc Loan, Lender may require that Community Association Dues, rees, and Assessments, if any, <br />bc escrowed by Borrower ancl such dues, fccs and assessments shall be an Escrow itern. Borrower shall promptly furnish to <br />Lcnder all noticcs of amounts to be paid under this Section. I3orrowcr shall pay Lcndcr thc Funds for �scrow Itcros unlcss <br />Lender waives Borrowcr's obligation to pay the Funds for any or all F..scrow Iten�s. Lender may waive Borrower's obligation to <br />pay to Lender Funds for any or all Escrow Ttems at any timc. Any such waiver may only be in writing. in the event of such <br />waivcr, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of <br />Funds has been waivcd by Lcndcr and, if Lender requires, shall fumish to I ,ender receipts evidencing such paymea�t within <br />such time period as Lender may require. F3orrowcr's obligation to make such payments and tp provide receipts shall for all <br />purposcs bc dccmcd to be a covenant and agreement cont ained in this Sccurity Instrumcnt, as thc phrasc "covcnant and <br />agreement" is used in Section 9. If I3orrower is obligated to pay F,,scrow items direcUy, pursuant to a waiver, and Borrower <br />fails to pay the amount due for an F,scrow ltcm, Lendcr may exercise its rights under 5ection 9 and pay such amount and <br />Borrower shall thcn be obli�ated under Section 9 to repay to Lendcr any such amount. Lcndcr may revokc thc waivcr as to any <br />or all Escrow items at any time by a noticc givcn in accordance with Sectipn 15 and, upon such revocation, Borrower shall pay <br />to Lender all Funds, and in such amounts, that are then requircd undcr this Scction 3. <br />Lender may, at any time, collcct and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the <br />tiane spccifcd under RESPA, and (b) nnt to exceed Che iaiaximum amount a]cndcr can rcquire under RESPA. Lender shall <br />cstimate the amount of Funds due on the basis of current data and reasnnable estimates of expenditures of future F,.scrow items <br />or othcrwise in accordance with Applicable Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrutnentality, or entity <br />(including Lender, if Lender is an institution whvse deposits are so insured) or in any Federal Home Loan B�nk. Lender shall <br />apply the Funds to pay the l;scrow Items no later than the time specified under RFSPA. Lender shall not charge Borrower for <br />holding and applying the Funds, annually analyzing thc escrow account, or verifying the Escrow Items, unless Lender pays <br />Borrower interest nn the �unds and Applicablc Law permits Lender to make such a charge. Unless an agreetnent is made in <br />writing or Applicable Law requires interest to be paid on the runds, Lcndcr shall not be required to pay Borrower any interest <br />or earnings on the Funds. Borrowcr and Lender can agree in wriNng, however, that interest shall be paid on thc Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. <br />Tf there is a surplus of Funds held in escrow, as defined under RESPA, Lcndcr shall account to Borrowcr for the <br />cxccss fi�nds in accordance with RF,SPA. Tf therc is a shortagc of Funds held in escrnw, as defined under RESPA, Lender shall <br />notify $orrower as rcquired by RESPA, and Borrower shall pay to Lender the amount nccessary to makc up thc shortagc in <br />accordance with RESPA, but in no �nore than 12 monthly paymenta. if there is a de�ciency of Funds held in escrow, as deflned <br />under RESPA, Lendcr shall notify Borrower as required by RF.SPA, and Borrowcr shall pay to Lcndcr thc amount neccssary to <br />make up the deficiency in accordance with R�SPA, but in no more than ] 2 monthly payinents. <br />Upon payment in full of all sums secured by this Security instrument, Lender shall promptly refund to �3orrower any <br />Funds held by Lender. <br />4. Charges; Liens. �3orrowcr shall pay all taxes, assessments, charges, fines, and impositions attributablc to thc <br />Property which can attain priority ovcr this 5ecurity Instrument, leasehold payments or ground rents on the Property, if any, <br />and Community Asspciation Dues, Fees, and Asscssmcnts, if any. To the extent thTt these items are Escrow items, Borrower <br />shall pay them in thc manncr provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority over this Security Tnstrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by thc licn in a manner acccptablc to Lender, but only so long as <br />Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcernent of the lien in, <br />legal procccdings which in Lender's opinion operate to prevcnt the enforcement of the lien while those proceedings are <br />pending, but only until such proceedings are conchided; or (c) secures from thc holdcr of the licn an agreement satisfactory to <br />Lender subnrdinating the licn to this Security Instrument. If Lender determines that any part of the Property is subject to a lien <br />which can attain priority over this Security instrument Lendcr may give Borrower a notice identifying the lien. Within ] 0 days <br />of the date on which that notice is given, Borrower shall satisfy the lien or takc onc or more of thc actions sct forth above in <br />this Section 4. <br />NEBRASKA--Singlc Family--Fannic Mne/Freddie Mac UPI[FORM INSTRUMENT <br />�v 338.2 Pa�c 4 of 13 Form 3028 1/01 <br />�\l <br />� � <br />Y� � <br />