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201103823 <br />111�D58057 <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 provisians of Secdon 10. These items are called "Escrow Items." At origination or <br />at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessme�rts, if any, <br />be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Itezn. �Borrower shall promptly furnish to <br />Lender all natices of amounts to be paid under this Section. Bonower shall pay Lender the Funds for Escrow Items unless <br />Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligatioa to <br />pay to Lender Funds for any or all Escraw Items at any time. Any such waiver may onty be in writing. In the event of such <br />waiv�er, 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 deemerl to be a covenant and agreement contained in this Security Inshvment, as the phrase "covenant and <br />agreement" is used in Section 9. If Bonower is obligated to pay Escrow Items directly, pursuant ta 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 snch amounf. Lender may revoke the waiver es to azry <br />or all Escrow Items at any time by a notice given itt accordance with Section 15 and, upon such revocation, Borrower shall pay _ <br />to I.ender all 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 the Funds at the <br />tima specif ed under RESPA, and (b) not to exceed the maximum emount a lender can require under RESPA. Lender shall <br />estimate the amount of Funds due on the basis of curxent data and reasonable estimates of expenditiues of future Escrow Items <br />or otherwise in accordance with Applicable Law. � ' � <br />The Funds shall be held in an institution whose deposit� ara insured by a federal agency, inst�vmeniality, or entity <br />' {including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Laan Bank. Lender shail <br />apply the Funds to pay the Escrow Items no later tlaan the time sgecified under ItESPA. Lender eha11 not charge Boaower for ' <br />holding and applying the Funds, annually analyzin$ the•escrow account, or verifying the Escrow Items, unless Lender pays <br />Bonower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in <br />' writing or A pplicable Iaw reqv�res interest to be paid on the Funds, Lender sha1J. not be required to pay Borrower any interest <br />or earnings on the Funds. Bonower anc� Lender can agree in writing, however, that interest shall be paid on the Funds. Lender <br />shall give to Bonower, without charge, an annual accounting of the Funds as reqiiired by RESPA. • <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to BonQwer for the <br />excess funds in accordance with RESPA. If there is a shartage of Funds held in esarow, es defined under RESPA, L• ender shall <br />notify Borrower as required by RESFA, and Bortowex shall pay to Lender the amount necessary to make up the shortage in <br />. accordance with RESP.A, but in no more than 12 inonthly payments. If there is a deficiency of Funds held in escrow, as defined <br />under RESPA, Lender shall notify Bonower as required by RESPA, and Bozrower shall pay to Lender the amount necessary to <br />make up the deficiency in accozdance with RESPA, but in no more than 12 monthly payments. � ' • <br />Upon payment in full of aIl sums secured by this Security Instavment, Lender s1ia11 prompfly refund to Boaower an3+ <br />Funds held by T.ender. <br />4. Charges; Lfens. Bonower shall pay.all tsxes, assessments; charges, 5nes, and impositions attn"butable to the <br />Property which can attain priority over this Sectu�ity 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, �orrowet � <br />. shalI pay them in the manner provided in Section 3. ' . . <br />Borrower shall promptly discharge any lien which bas priority over this Security Instrument unless Bonower: (a) <br />agrees in writin$ to t�ie payment of the obligation secured by the Iien in a manner acceptable to Lender, but only so long as <br />Bonrower is.perfoiming suclz agraemeu� {b) contests the lien in good faith by, or defends against enforcement of the •lien in, <br />legal proceedings vvhich in Lendez's opinion aperate 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 ofthe lien an agreement satisfactory to <br />• Lender subordinating the lien to this Security Instrument If Lender determines that any patt of the Progerty is subject to a lien <br />which can attain priority over this Security Instrument, Lender may,give Borrower a notice identifying the lien. Within 10 days <br />. of the �late on which that noiace is given, Borrawer shall satisfy the �lien or take one or more of the aotions set forth above in <br />this Section 4. . � � � <br />Lender may require Bonower to pay a one-time charge for a real estete tax verification and/or reporting �ervice used � <br />by Lender in connection with this Loan. � `� <br />. NEBItASKA—Smgla Pamily—Fannie MadFreddie Mac UNIFOAM Il�iSTRUMENT • J <br />e� 338.2 , , Page 4 of 12 , � Form 3028 ]/01 <br />• �� <br />. � <br />