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20120527� <br />Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS {as nomu�ee for <br />Lender and Lender's successars an d assigns) has the right: to exercise any or all of those interests, including, but <br />not Iimited to, tha right to foreclose and sell the Property; and to take any action required of I.endar including, but <br />not limixed to, raleasing ffid canceling this Seciuity Ins�ument <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the <br />right to grant and convey tha Propeity anc� that the Prolaerty is unencimmbered, except for encumbrances ofrecard <br />Borrower wamants and will defend generally the title to the Properiy against all claims and demands, subject to <br />any encwr►brances of record. <br />THIS SECURiTY INSTR.UMENT combines uniform. covenants for national use and non-unifocm <br />covenants wi� ]imited variations by jurisdiction to constitute a uniform security ins�unnent covering real <br />1��P�Y• <br />UNIFORM COVENANTS. Bonower and Lender covenant and a�ree as follows: <br />1. Payment of PrincipaL, Interest, Escrow Items, Prepayment Charges, and Late Charges. <br />Borrower shall pay when due the principal of, aad interest on, the dabt evidenced by the Note at►d any <br />prepayment chazges and late charges due ►mder the Note. Borrower shall also pay funds for Escrow Items <br />pursuant to Section 3. Paymerns due under tb:e Note and this Seciuity Instrumant shall be made m U.S. cuirtency. <br />However, if any check or other instrument received by Lender as payment under the Note or this Secunty <br />Tnstrument is zetumed to Lender unpaid, Lender may require tt►at any or all subseqnent paym,ents dua under the <br />Note andthis Security Instrument be made in ona or more of the follawing forms, as sele�cted by Lender: (a) cash; <br />(b) money arder; (c) csrtified check, bank checl� treasurer's check or cashier's checl� provided any such <br />check is �awn upon an insritution whose deposits are insured by a faieral agency, instivmentality, or entity; or <br />(c� Eleclronic Funds Transfer. <br />Payments are deemedreceived by Lenderwhen received atthe location desi�ated intheNote orat such <br />other lacation as may be designated by Lender in accordance with the notitce provisions in Section 15. Lender <br />may raturn any payment or partial payme� if�ayment or partial payments are insufficient to bring the Loan <br />ctnrent. Leader may accept any pa�yment or payment insufficient to bring the Loan current, without waiver <br />of any rights here�der or pxejudice to i1� rights to refuse such payment or partial paynaents in the futura, but <br />Lenderis not obligatedto app1y such payments atthetime suchpayments aze acxepteti. IfeachPeriodic Payment <br />is applied as of its scheduled due date, then Lender nead not pay mterest on unapphed fimds. Lender may hold <br />such unapplied funds until Borrower makes payment to bring the Loan c�rent. IfBorrower does 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 />earlier, such funds will be applied to tha out�tandwg principal balance under the Note immadiately pnor to <br />foreclosure. No offset or claim which Borrower might have now or in the firture against Lender shall relieve <br />Borrower &om making payments due under the Note azid this Security Instrunaent or performing the covenants <br />and agreements secured by this Security Insirument. <br />2. Applieation of Paymen�s or Proeeeds. Except as otherwise descn'berl in this Section 2, all <br />payments accepted and applied by Lendar shall be applied inthe following arder of priority: (a) interest due under <br />the Note; (b) prmcipal due under the Note; (c) amounts due under Sedion 3. Such payments shall be applied to <br />each Periodic Payment in the order in which it became due. Any rema;n;ng amounts shall be applied first to late <br />charges, second to any other amounts due under this Securiry Instivment, and then to r�uce the principal balance <br />of the Note. <br />If Lender receivas a payment ftom Borrower for a delinquent Periodic Payment which includes a <br />sufficient amount to pay any late charge due, the payment may be applied to the delinquent gaymsnt and the late <br />charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from <br />Borrower to tha repayment of the Periodic Payments i� and to the extent that, each gayment can be paid in full. <br />To the extent that azry excess exists after thepayment isapplied to the full gayment of ona or mora Periodic <br />Payments, such excess may be applied to any late charges due. Volimtary prepayments shall be applied first t� <br />any prepayment charges and then as descnbed in the Note. <br />Any applicanon of payments, insurance proceeds, or Miscellaneous Proceeds to principal due �mder the <br />Note shall not extend or postpone the due date, ar chatiga the amount, of the Periodic Payments. <br />3. Funds for Escrow Itema. Borrower shall pay to I.ender on the day Periodic Nayments are due <br />under the Note, until the Note is paid in full, a sum {the "Funds") to provida for payment of amounts due far: (a} <br />taaces and assessments and other items which can attain priority over this Security Insirument as a lien or <br />encumbrance on the Property; (b) leasehold payments or ground rents on the Praperiy, if any; (c) premiums for <br />any and all insurance required by Lender under Sect�on 5; and (d) Mortgage Insurance premmms, if any, or any <br />sums payable by Borrowerto Lender in lieu o£the payment of Mortgage Insurance premrums in accordance with <br />the prov�sions of Section 10. These items aze called `Bscrow Items: ' At origination or at any time during the <br />term of the Loan, Lemder may require that Community Association Dues, Fees, and Assessments, if any, be <br />escrowed by Borrowar, and such dues, fees and assessments shall be an Fs�row Item. Borrower shall promptly <br />furnish to Lender all natices of amounts to be paid under this Section. Boaower shall pay Lender the Funds for <br />Fserow Itezns waless Lender waives Borrower's obligation to pay the Funds for any ar all Escrow Items. Lender <br />may waiva Borrower's obli�ation topay to Lender Funds for any or all Escrow Items at any time. Any such <br />warver may only be in writmg. In the event of such waiver, Borrower shall pay directly, when and where <br />payable, the amounts due for any Escrow Items for which payment of Funds has been wazved by Lender snd, if <br />T,ender requires, sha11 furnish to Lender receipts evidencing such payment within such time period as I,ender may <br />require. Borrower's obligation ta make such payments and to provide receipts shall for all p�poses be deemed to <br />be a covanant and agreement coatained in this Security Instrument, as tha phrase "covenant and agreemenY' is <br />used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, aud Borrower fails <br />to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such �ount <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 motice given in accordance with Section 15 and, upon <br />such revacation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this <br />Section 3. <br />I.endez may, at any time, collect andholdFunds in an amount (a� sufficientto permitT.enderto apply the <br />Funds at the time specified under RESPA, and {b) not to exceed the maxunum amount a lender can require under <br />RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of <br />axpenditures of future Escrow Items or otherwise in accordance with Applicable Law. <br />NEBRASKA—Single Fam7y—Fannie Mae/Freddfe Mac UNIFORM INSTRUMENT � Form 3028 ]/i)1 (page 3 of 9pages) <br />12439.CV (9/11) 43001d2695 CtedtiYe T6inlung, InC. <br />GOTO(003bed28) <br />