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20110�67� <br />requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender <br />may require. Bonower's obligation to make such payments and to provide receipts shall for all purposes <br />be deemed to be a covenant and ageement contained in this Security Instrument, as the phrase "covenant <br />and agreement" is used in 5ection 9. If Borrower is obligated to pay Escrow Items directly, pursuant to <br />a waiver, and Bonower fails to pay the amount due for an Escrow Item, Lender ma.y 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 revocation, Borrower shall pay to Lender a11 <br />Funds, and in such amounts, that are then required under this Section 3. <br />Lender may, at any time, collect a.nd 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 Borrower for holding and applying the Funds, annually a.nalyzing <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 sha.11 not be required to pay Bonower <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 funds 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 ma.ke up the shortage in accordance with RESPA, but in no more tha.n 12 monthly <br />payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender sha11 notify <br />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 full of all sums secured by this Security Instrument, Lender shall promptly refund to <br />Borrower 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 Instrument, leasehold paymenis or ground <br />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, Borrower shall pay them in the ma.nner provided in Section 3. <br />Bortower sha,ll promptly discharge any lien which has priority over this Security Instsument unless <br />B onower: (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 a.s Bonower is performing such agreement; (b) contests the lien in good faith <br />HCFG-00359 <br />NEBRASKASingle Family-Fannie Mee/Freddie Mec UNIFORM INSTRUMENT Fortn 3028 1l01 <br />VMP� �» <br />WolUsra Kluwer Flnanclal Servi�a 201111094.0.0.0.4002J20710525Y Pege 6 of 16 <br />'1 11 6' <br />