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�� i"�� 2� 3 � <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to <br />grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. <br />Borrower warrants and will defend generally the tifle to the Properiy against all claims and demands, subject to <br />any encumbrances of record. <br />THIS SECURTTY INSTRUMENf combines uniform covenants for national use and non-uniform covenants with <br />limited variations by jurisdiction to constitute a uniform security instrument covering real properiy. <br />Uniform Covenants. Borrower and Lender covenant and agree as follows: <br />Payment of Principal, Interest, Escrow Items, Prepayment Cherges, end Late Charges. Borrower <br />shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment <br />charges and la.te charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to <br />Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. <br />However, if any check or other instrument received by Lender as payment under the Note or this Security <br />Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under <br />the Note and this Security Instrument be macie in one or more of the following forms, as selected by Lender: <br />(a) ca.sh; (b) money order; (c) certif'ied check, bank check, treasurer's check or cashier's check, provided any <br />such check is drawn upon an institution whose deposits aze insured by a federal agency, instrumentality, or <br />entity; or (d) Electronic Funds Transfer. <br />Payments are deemed received by Lender when received at the location designated in the Note or at such <br />other location as may be designated by Lender in accordance with the notice provisions in Section 15. <br />Lender ma.y return any payment or partial payment if the payment or partial payments aze insufficient to <br />bring the Loan current. Lender ma.y accept airy payment or partial payment insufficient to bring the Loan <br />current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial <br />payments in the future, but Lender is not obligated to apply such payments at the time such payments are <br />accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest <br />on unapplied funds. Lender may hold such unapplied funds until Borrower makes payments to bring the <br />Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such <br />funds or return them to Boaower. If not applied earlier, such funds will be applied to the outstanding <br />principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might <br />have now or in the future against Lender shall relieve Borrower from making payments due under the Note <br />and this Security Instrument or performing the covenants and agreements secured by this Security <br />Instrument. ' <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments <br />accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the <br />Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments s}ia.11 be applied to <br />each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to <br />late charges, second to any other amounts due under this Security Instrument, and then to reduce the <br />principal balance of the Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient <br />amounf to pay any late charge due, the payment may be applied to the delinquent payment and the late <br />cha.rge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from <br />Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can bE paid in <br />full. To the extent that any excess exists after the payment is applied to the full payment of one or more <br />Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be <br />applied first to any prepayment charges and then as described in the Note. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />yMp � VMP81NE1 (1106).00 <br />Wotmra Kluwar Flnancial Sarvicres Page 4 of 17 <br />