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201103�3i <br />may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes <br />be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant <br />and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to <br />a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights <br />under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to <br />Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a <br />notice given in accordance with Section 15 and, upon such revocarion, Borrower shall pay to Lender all <br />Funds, and in such amounts, that are then 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 <br />the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can <br />require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and <br />reasonable 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 are insured by a federal agency, instrumentality, <br />or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal <br />Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified <br />under RESPA. Lender shall not charge Bonower for holding and applying the Funds, annually analyzing <br />the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds <br />and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or <br />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 annual 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 account to Borrower <br />for the excess fiands in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined <br />under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender <br />the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly <br />payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify <br />Borrower as required by RESPA, and Bonower shall pay to Lender the amouat necessary to make up <br />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 Security Instrument, Lender shall promptly refund to <br />Bonower any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable <br />to the Property which can attain priority over this Security Instniment, leasehold payments or ground <br />rents on the Properiy, if any, and Community Association Dues, Fees, and Assessments, if any. To the <br />extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. <br />Borrower shall promptly dischaxge any lien which has priority over this Security Instntment unless <br />Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable <br />to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith <br />by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate <br />NEBRASKASingle Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />VMP� <br />Wolters Kluwer Finanaal Services 201101054.0.0.0.4002-J20100902Y <br />� �� 1757479068 <br />Fortn 30261/01 <br />08/10 <br />IniBals: � Page 5 W 17 <br />