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201�06997 <br />other items whi ch can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold <br />payments or ground rents on the Property, if any; (c) premiuYns for any and all insurance required by Lender under Section <br />5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of <br />Mortgage Insurance premiums in accordance with the provisions of Section 10. T'hese items are called "Escrow Items." <br />At origination or at any time during the term of the Laan, Lender may require that Community Association Dues, Fees, <br />and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower <br />shall promptly furnish to Lender all notices of amounts to be paid under this 5ection. Borrower shall pay Lender the <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 Borrower'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, Borrower shall pay directly, when and where payable, the amounts dus <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. Borrowez'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 Instrumen� as the phrase "covenant and agreement" is used in Section 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 a.moun� 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, a.nd 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) ttot 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 accoxdance with Applicable Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentafity, or entity <br />(inclucling Lender, if Lender is an instiiution whose deposits are so insured) or in any Federal Home Loan Bank. Lender <br />shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge <br />Borrower for holding a.nd applyi_ng the Funds, annually analyzing the escrow account, or verifying the Escrow Items, <br />un.less 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 sha11 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, a,n annual accounting ofthe Funds as required <br />by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender sha11 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 B orrower 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 Bonower 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 �han 12 monthly payments. <br />Upon payment in full of all sums secured by this Security Instrumant, 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 Properly <br />which can atta,in priority over this Security Instrument, leasehold payments or ground rents on the Property, if a.ny, and <br />Communi.ty Association Dues, Fees, a.nd Assessments, if any. To the extent that these ltems 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 Insttument 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 />HCFG-00359 <br />NEBRASKASingle FamilyFannie MaelFreddie Mac UNIFORM INSIRUMENT Fortn 3028 1l01 <br />VMP� <br />Wotters Kluwer Financial Services 201709094.0.0.0.4002-J20110224Y Page 4 ot 13 <br />`1 46 11 <br />,,� \ �� <br />