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��i�0�G2� <br />451020337 <br />items which can attain priority over this Security Instrument as a lien or encuinbrance on the Property; (b) leasehold payments <br />or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) <br />Mortgage Insurance 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 Items." At origination or <br />at any time during the term of the Loan, Lender triay require that Community Associarion Dues, Fees, and Assessments, if any, <br />be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to <br />Lender all notices of amounts to be paid under this Section. Barrower shall pay Lender the Funds for Escrow Items unless <br />Lender waives Bonower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to <br />pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such <br />waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow 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 obligation to make such payments and to provide receipts shall for all <br />purposes be deemed to be a covenant and agreement contained in this 5ecurity Instrument, as the phrase "covenant and <br />agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower <br />fails to pay the amount due for an Escrow 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. Lender may revoke the waiver as to any <br />or all Escrow Items at any time by a notice given in accordance with Section I S and, upon such revocation, Borrower shall pay <br />to Lender all Funds, and in such amounts, that are then required under this Section 3. <br />Lender may, at any time, eollect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the <br />time specified under RESPA, and (b) not to exceed the maximLim amount a lender can require under RESPA. Lender shall <br />estiinate 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 institution 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 Borrower for <br />holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays <br />Borrower interest on the Funds and Applicable Law permits 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 earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. <br />If there is a surplus of Funds held 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 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 up the shortage 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 Secuxity Instrument, Lender shall promptly refund to Borrower any <br />Funds 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 these items are Escrow Items, Borrower <br />shall pay them in the manner provided in Section 3. <br />Borrower shali 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 />Borrower 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 Lender's opinion operate to prevent the enforcement of the lien while those proceedings are <br />pending, but only 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 Property is subject to a lien <br />which can attain priority over this Security Instrument, Lender may glve 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 />NEBRA5KA--Single Family--Fannie Mae/Freddie Mac UNIFrJRM INSTRUMENT <br />4 338.2 Page 4 of 12 <br />Form 3028 1/Ol <br />� <br />�' / <br />