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20120091� <br />BORROWER COVENANTS that Borrawer is law£ully seised of the estate fiereby canveyed and has the riglxt to <br />grant and convey the Property and that tb.e Property is unencumb�red, except for eucwmbrances of record. <br />Bonrowsr warcaate and will defend generalIy the title to the Property against all claims and demands, suhject to <br />any encumbrances of record. <br />THIS SECI7RITY INSTRUMENT combines uniform covenants for national use and mon-uniform covenants with <br />limited variations by jurisdiction to constitute a uaiform secunity instrument covering real proper[y. <br />Uniform Covenants. Bonower and Lender cov�nant and agree as fallows: <br />1. Paymentof Principal,lnterest, Escrowltems, PrepaymentCharges,and Late Charges.Barmwer <br />shall pay when due the principaliof, and interest on, the debt evidenced by the Nate and any grepayment <br />charges and late chazges due under the Note. Bozrower shall aiso pay funds for Escrow Items puisuant to <br />S�ction 3. Payments due under tilc Note and this Security Insbrument shall be made in U.S. currency. <br />Hqwcver, if any check or other instrument received by Lender as payment under the Note or this Sectuity <br />Instrument is returned #o T.ender;unpaid, Lender may require that any ar all subsequent paymenEs due under <br />the Nate and this Security Insm�ment be made in one or more of the following farcns, as selected by Lender: <br />{a)-cash; (b) money ord�r; (c) eertified che�k, bank check, treasurer's check rnr cashier's check, provided any <br />such cheek is drawn upon an institution whose deposits are insured by a federai agency, instrumentality, or <br />entity; or (c� Electronic Funds Transfer. <br />Paymettts are deemed received by Lender when received at the location designated in the Not� or at such <br />other IocaHon as may be designafed by I.ender in accordauce with the notice provisions in Sectiom 15. <br />Lendar may return any payment ar partial payment if the payment or partial paynuents are insufftcient to <br />bring the Loau current. Lender may accept any payment or partial payment insufficient to bring the Loan <br />cunent, without waiver of any rights hereunder or prejudice to its rights to refuse sach payment or partial <br />payments in the fixiure, but Z.ender is not obligated to apply auch payments at the time such paymenfs are <br />accepted. If each Periadic Payment is applied as of its scheduied due date, then Lender need not pay intezest <br />on unapplied funds. Lender may &old such unapplied funds until Bozrawer makes payments to bring the <br />Loan current Tf Borrower does not do so within a reasonable period of time, Lender shall either apply such <br />funds or return them to Borrower. If not applied earlier, such funds will be apglied Eo the outstarading <br />principal balance under the Nate iznmediately priar to foreclasure. No offset or claim which Barrower maght <br />have now or in the future against Lender shall relieve Borrower from making payments due under the Note <br />and this Security Insixum�nt or perfanwing the covenants and agreements secured by this Security <br />Instrament. ' <br />E <br />2. Applic�tionof Paymentsor Procseds.Except as oYberwise described in this Section 2, s11 payments <br />accepted and applied by Lender shall be applied in fhe foIlowing order of priority: (a) intexest due under the <br />Note; (b) principal due under the Note; (c) amounts dne under Secrion 3. Such paymeuts shall be appiied to <br />each Periodic Payment in the order in which it became due. Any remaiming amouuts shall be applied first to <br />late charges, second to any other amounts due under this Security Instnimment, and then to zednce the <br />principal balance of the Nate. <br />If Lender receives a pay�ment froin Borrnwer for a delinquent Periadio Payment which includes a sufficient <br />aznnunt to pay any late charge due, fhe payno.ent may be applied to the delinquent paymeut and the late <br />charge. Tf more t3a�an one Periodic Payment is autstanding, Lendex may apply any payment received from <br />Borrower to the repayment of the Periadic Payments if, and to the extent tbiat, each payment can be paid in <br />full. To the extent that any excess exists after the payment is applied to the full gayment of ome or m�ore <br />Periodic Payments, such excess may be applied to any iate charges dne. Voiuntary prepayments shall be <br />applied first to any prepayment charges and then as described in the Note. <br />7tlEBRASKASingle �amiiy-Fann� MflelFredd�e Mae Uf�FORM INSTRUMENT Form 3fl281101 <br />VMP � VNH�B(NE) (1105).00 <br />Woiters Kluwer Finertciel Services Pege 4 of 17 <br />