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201108846 �
<br /> obligation to pay to Lender Funds for any or aIl Escrow Items at any time.Any such waiver may only
<br /> be in writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the
<br /> amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender
<br /> requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender
<br /> may require.Borrower's obligation to make such payments and to provide receipts sha11 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 righis
<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 accardance with Section 15 and,upon such revocation,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 lhe 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 currenl 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 instiiution whose deposits are so insured)or in any Federal
<br /> FIome Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified
<br /> under RESPA.Lender sha11 not charge Borrower 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 ta 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. $orrower 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 RBSPA,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,Lendex shall notify
<br /> Borrower as required by RESPA,and Bortower shall pay to Lender the amount necessary to make up
<br /> the deficiency in accordance with RESPA,but in no mare than 12 monthly payments.
<br /> Upon payment in full of all sums secured by this Security Instrument,Lender shall promptiy 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 payments or ground
<br /> rents on the Properly,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 /> HCFG-00359
<br /> NEBRASKA-Single Famity-Fannie Mae7Freddie Mac UNIFORM INSTRUMENT � Form 3028 1I01
<br /> VMP� � 08/11
<br /> Wofters Kluwer Financial Services 201111154.0.0.0.4002•J20110824Y Page 5 0(17
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