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20120�009 <br />BORROWER COVENANTS that Bonower 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 />Bortower warrants and will defend generally the ritle to the Property against all claims and demands, subject to <br />any encumbrances of rec;ord. <br />THIS 5ECURTTY INSTRUMENT combines uniform covenants for narional use and non-uniform covenants with <br />limited variations by jurisdiction to constitute a uniform security instrument covering real property. <br />Uniform Covenants. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Bonower <br />shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment <br />charges and late chazges due under the Note. Bonower 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 instniment r�:eived by I.ender as payment under the iVote or this S�urity <br />Instr�ment is retumed to Lender uupaid, I.ender may require that any or all subsequent payments due under <br />the Note and this Security Instrument be made in one or more of the following forms, as sel�ted by Lender: <br />(a) cas� �} 3IIOIIC�+ OI(�F; (c) certifieci che�k, bank check, treasurer's check or cashier's che.ck, provided any <br />such che.ck is drawn upon an institution whose deposits are insured by a federai agency, instrumentality, or <br />e�eticy; or (d) IIectronic Funcis Tr�sfer. <br />Pay�ents are d�med r�eivec� by Lender when received. at the location designated in the Note or at such <br />other Ioc�ia� as may ire des�gitated b� �c�er in acxordance with ti�e notice provisioas in Section I5. <br />� may return any paymen� � garcia� pa�rment if the gaymet�t oa gartia� payments ase insuffcient to <br />briag the �an �. Lender may acc.�� any pa}+�ent or pa�tra� gaymeat iasufficient to bring the Loan <br />cVaceIIt, witfiout waiver of azcy rights herezmder or prejudic� to its rigfiEs to refuse such payment or partial <br />pa�ts iae the £vxUre, but L�c�r is aot abligatecE to apply s�cfi payments at the time sucfi payments are <br />accegted. �f each Peric�dic I�ayme�ct is aggZied as o€ nts sched�ed due �te, tfien Lencter need not pay interest <br />Qn tmapplied fvads. Lender may �ie�e� such un�pg�ied fuuds u�iII �orro�+er makes payments to bring the <br />Loan cutrent. If Bortower dces aot do so within a reasonable petiod of ti�e, l.ender shall either apply such <br />funds or retzua, them to Borrower. If nat applied earlier, sucl� fiuids will be applied to the outstanding <br />prineipai balaace under the Note imm�iiately prior to foreclasvre. No offset or claim which Borrower might <br />ha.ve now or i� the future against Lender shall relieve Borrower from making payments due under the Note <br />and this Security Instrument or gerforming tfie covenants attd a�ents se,cvred by tius Security <br />Instniment. � <br />2. Application of Payments or Proceeds. Except as otherwise c�escribed in this Section 2, all payments <br />accepted and applied by Lender shatl 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 sha11 be applied to <br />each Periodic Payment in the order in which it hecame due. Any remaining amounts shall be applied first to <br />late charges, s�ond 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 Bonower for a delinquent Periodic Payment which includes a sufficient <br />amount to pay any late chuge due, the payment may be applied to the delinquent payment and the late <br />charge. 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 />VMP Q VMP6(NE) (1105) <br />Wolters Kluwer Financial Servicas Page 4 of 17 <br />