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�01202472 <br />Bonower in this Security Instn�nt, but, if necessary to compiy with law or custom, MERS (as nominee for <br />Lender and Lender's successors and assigns) bas the nght: to exerc�se any or all of those interests, mcluding, tut <br />not limited to, the right to foreclose and sell the Property; and to take any action required ofl.ender including, but <br />not limited to, releasing and canceling this Security Instrument. <br />BORROWER COVENANI'S that Borrower is lawfully seised of tlie estate here6y conveyedandhas the <br />right to grant and convey the Property a� that the Property is unencumbered, except for encumbrances of record <br />Borrower warrants and will defend generally the title to the Property against all clau� and demands, subject to <br />any encumbrances of record. <br />THIS SECURITY INSTRiJMENT combines uniform covenants for national use and non-uniform <br />covenants witli limited variations by jurisdiction to oonstitute a uniform security insmiment covering real <br />ProPertY• <br />UNIFORM COVEATANTS. Bonower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late CL�rges. <br />Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any <br />prepayment charges and late cbarges due under the Note. Borrower shall also pay funds for Escrow Itea�s <br />pursuant to Section 3. Payments due under ttie Note �d this Securiry Instrument shall be made in U.S. currency. <br />However, if any check or other instru�nt received by Lender as payment under the Note or ttris Security <br />Instniment is retumed to Lender unpaid, Lender may requ�re that any or all subsequent paya�ents due under the <br />Note and this Security Instrt�tnent be made in one or more of the followmg forms, as selected by Lender: (a) cash; <br />(b) money order; (c) certified ch�k, bank check, treasurer's check or cashier's check, provided any such <br />check is ckawn upon an insritution whose deposits are insured by a federal agency, instrumentality, or entity; or <br />(c� Electronic Funds Transfer. <br />Payments are d�me� received by Lender when received at the location designated in the Nate or at such <br />other location as �y be designated by Lender ia accordance with tbe notice provisions in Section 15. Lender <br />may return any �yment or partial payment if the payment or partial payments are insufficient to brin� the Loan <br />current. Lender may accept any payment or partial payment insufficient to bring the Loan cucrent, without waiver <br />of any rights hereunder or pre�udice to rts nghts to refuse sucb payment or partial payments in the future, but <br />I.ender is not obligated to apply such payments at the time such pa�+ments are accepted. If each Periodic Payment <br />is applied as of its scheduled due date, then Lender need not pay mterest on unapphed funds. Lender usy hold <br />such unapplied funds until Borrower makes payment to bring the Loan current If Boirower dces not do so within <br />a reasonable period of time, Lender shall either apply such fimds or return them to Borrower. If not applied <br />�rlier, such funds will be applied to the outstandug principal balance under the Note immediately pnor to <br />foreclosure. No offset or claim which Barrower miglit have now or in the future against Lender shall reheve <br />Borrower from makin; ayments due under the Note and this Security Instrument or performing the covenants <br />and agreements s���by tlus Security Insmiment. <br />2. Applical3on of Payments or Proceeds. Except as otherwise descnbed in tmis Section 2, a11 <br />gayment� accepted and applie3 by Lender shall be applied in the following order of priority: (a) interest due under <br />the Note; (b) pnncipal due under the Note; (c) amounts due under Section 3. Such paya�nts shall t� appli� to <br />each Periodic Payment in the order in which it beca� due. Any remaining amounts shall be applied first to late <br />cl�►aarges, second to any other amounts due under t.�is Security Inshtunent, and then to reduce the principal balance <br />of the Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a <br />sufficient amount to pay any late charge due, the payment may be apphed to the delinquent payment and the late <br />charge. If more than oae Periodic Payment is outstanding, Leader may apply any payment received from <br />Borrower to the repayment of the Periodic Payu�nts if, and to the extent that, each payment can be paid in full. <br />To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic <br />Payments, such excess r�y be applied to any late charges due. Voluntary prepayments shall be applied fust to <br />any prepayment charges and then as described in the Note. <br />Any application of payments, ins�uance proceeds, or Miscellaneous Praceeds to principal due under the <br />I�Tote shall not extend or postpone the due date, or change the a�unt, of the Periodic Payments. <br />3. Funds for Escrow Items. Botrower shall pay to Lender on the day Periodic Payments are due <br />under the Note, until the Note is paid ia full, a sum(the "Funds") to provide for gayment of amounts due for: (a) <br />taxes and assessments and other rtems which can attain prionty over this Secunty Instrument as a lien or <br />encumbranc� on the Property; (b) leasehold pay�nts or ground rents on the Property, if an�+; (c) �remiums for <br />any and all insurance requued by Lender under Sechon 5; and (d) Mortgage Insurance premtums, tf any, or any <br />sums payable by Botrower to Lender in lieu of the payment of Mortga�e Insurance �rerrnwns in accordance with <br />tlie provisions of Section 10. These items are called "Escrow Items." At originahon or at any time d�ing the <br />term of tbe Loan, Lender mayrequue that Community Association Dues, Fees, and Assessments, if any, be <br />escrowe�l by Borrower, and such dues, fees and assessments sliall be an Escrow Item. Borrower shall promptly <br />furnish to Lender all notices of amounts to be�aid under tbis Section. Borrower shall pay Lender the Funds for <br />Esctow Items unless Lender waives Botrower s obligation to pay the Funds for any or all Escrow Itet�. Lender <br />ma� waive Bonower's obligation topay to Lender Funds for any or all Escrow Items at any time. Any such <br />warver may only be in writing. In the event of such waiver, Boirower shall gay directly, when and where <br />payable, the amounts due for any Escrow Ite� for wbich payment of Funds has bcea waived by Lender and, if <br />Lender requires, shall fiunish to Lender receipts evidenc�ng sucb payment within such trme period as Lender rr�y <br />require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to <br />� a covenant and agree�nt contained in this Security Instrument, as the phrase "covenant and agreemenY' is <br />used in Section 9. If Bonower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails <br />to pay the amount due for an Escrow Item, Lender may exercise its nghts un�r Secrion 9 and pay such amnunt <br />and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke <br />the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon <br />such revocation, Borrower sha11 pay to Lender all Funds, and in such amounts, that are then required under this <br />Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the <br />Funds at the timespecified under RESPA, and (b) not to exceed the maximum amount a lender can require under <br />RESPA Lender shall estimate the amount of Funds due on the basis of current data and reasonable estu�tes of <br />expenditures of future Escrow Ite� or otherwise in accordance with Applicable Law. <br />NEBRASKA—Single Family—Fannie biaelFreddie Mac LTPTIFORM INSTRLTMIINT (AqERS7 Form 30281/Ol (page 3 of 9 pnges) <br />12439.CV (9(11) 11-1657 Creative ThinWng, Iac. <br />GOTO(0030a32� <br />