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201102489 <br />Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender <br />may waive B orrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may <br />only be in writing. In the event of such waiver, Barrower shall pay directly, when and where payable, the amounts due <br />for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to <br />Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make <br />such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this <br />Security Instrument, as the phrase "covenant and agreement" is used in 5ection 9. If Borrower is obligated to pay Escrow <br />Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise <br />its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender <br />any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance <br />with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then <br />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 the Funds at the <br />time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender <br />shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future <br />Escrow Items or otherwise in accardance 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 <br />sha11 apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge <br />Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, <br />unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless <br />an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required <br />to pay Borrower 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 Funds as required <br />by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess <br />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 Barrower shall pay to Lender the amount necessary to make up the shortage <br />in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, <br />as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the <br />amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in full of a11 sums secured by this Security 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 Property <br />which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and <br />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 shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees <br />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 <br />in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings <br />are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement <br />satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property <br />is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying <br />the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of <br />the actions set farth above in this Section 4. <br />HCFG-00359 <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMPO <br />Wolters Kluwer Financial Services 201103254.0.0.0.4002-J20100902Y <br />Form 3028 1/01 <br />Page 4 of 13 <br />'12891111216' <br />