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201105050 <br />premiums, if any, or any sums payable by Bozrower to Lender in lieu of the payment of Mortgage Insurance <br />premiums in accordance with the provisions of Section 10. These items aze called "Escrow Items." At <br />originadon or at any time during the term of the Loan, Lender may require that Community Associacion <br />Dues, Fees, and Assessments, if any, be escrowed by Bonower, and such dues, fees and assessments shall be <br />an Escrow Item. Borrower shall promptly furnish w I.ender all notices of amounts to be paid under this <br />Section. Borrower shall pay Lender the Funds for Bscrow Items unless Lender waives Borrower's obligation <br />to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obli�ation to pay to Lender <br />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 dir�tly, when and where payable, the amounts due for any Escrow Items far <br />which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to T.,ender receipts <br />evidencing such payment within such dme period as Lender may require. Bonower's obligation to make such <br />payments and to provide receipts shall for all pwposes be deemcd to be a covenant and agreement contained <br />in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrowar is <br />obligat:efld to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an <br />Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be <br />obligated nnder Secdon 9 to repay to Lender any such amoun� Lender may revoke the waiver as to any or all <br />Escrow Items at any tim$ by a notice given in accordance with Secdon 15 and, upon such revocation, <br />Bonower shall pay to Lender 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 <br />the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a Iender can <br />require under RESPA. Lender shall estimate the amount of Funds due on the basis of cunent data and <br />reasonable est�mmates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. <br />The Funds shall be held in an institution whose degosits aze 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 Home <br />Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later thar► the time specified under <br />RESPA. Lender shall not charge Bonower for holding and applying the Funds, annually analyzing the <br />escrow account, or verifying the Bscrow Items, unless Lender pays Borrower interest on the Funds and <br />Applicable L,aw permits Lender to make such a charge. Unless an agreement is made in writing or Applicable <br />Law requires int,erest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or <br />earnings on the Funds, Bonower and Lender can agree in writing, however, that interest shall be paid on the <br />Funds. Lender shall give to Bonower, without charge, an annual accounting of the Funds as required by <br />RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to <br />Borrower for the excess funds in accordance with RESPA. If theze is a shortage of Funds held in escrow, as <br />defined under RESPA, I.,ender shall notify Borrower as required by RESPA, and Bonower shall pay to <br />Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 <br />monthly payments. If there is a de�ciency 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 <br />the deficiency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in fttll of all sums secured by this Security Insirument, Lender shalI promptiy refund to <br />Bonower any Funds held by Lender, <br />4. Charges; Liens. Bonower shall pay all taxes, assessments, charges, fines, and impositions <br />aUributable to the Property which can attain priority over this Security Instrument, leasehold payments or <br />ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the <br />extent that these items are Escrow Items, Bonower shall pay them in the manner provided in S�tion 3. <br />NEBRASKA - Single Family - Fannle Mae/Freddie Mac UNIFORM IAISTRUMENT W1TH MERS <br />�-SA(NE) �oa�o� Pape 6 of 18 inniaie: Form 3028 1/01 <br />