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201308156 <br /> Borrower in this Security Instrument,but,if necessary to comply with law or custom,MERS(as nominee for <br /> Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,including,but <br /> not limited to,the right to foreclose and sell the Property;and to take any action required of Lender including,but <br /> not limited to,releasing and canceling this Security Instrument. <br /> BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the <br /> right to grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. <br /> Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to <br /> any encumbrances of record. <br /> THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform <br /> covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real <br /> 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. <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 charges due under the Note. Borrower shall also pay funds for Escrow Items <br /> pursuant to 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 the <br /> Note and this Security Instrument be made in one or more of the following forms,as selected by Lender:(a)cash; <br /> (b)money order; (c)certified check, bank check, treasurer's check or cashier's check,provided any such <br /> check is drawn upon an institution whose deposits are insured by afederal agency,instrumentality,or entity;or <br /> (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. Lender <br /> may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan <br /> current. Lender may accept any payment or partial payment insufficient to bring the Loan current,without waiver <br /> of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but <br /> Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment <br /> is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds. Lender may hold <br /> such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within <br /> a reasonable period of time,Lender shall either apply such funds or return them to Borrower. If not applied <br /> earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to <br /> foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve <br /> Borrower from making payments due under the Note and this Security Instrument or performing the covenants <br /> and agreements secured by this Security Instrument. <br /> 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all <br /> payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest due under <br /> the Note;(b)principal due under the Note;(c)amounts due under Section 3.Such payments shall be applied to <br /> each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late <br /> charges,second to any other amounts due under this Security Instrument,and then and 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 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 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 may be applied to any late charges due. Voluntary prepayments shall be applied first to <br /> any prepayment charges and then as described in the Note. <br /> Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the <br /> Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. <br /> 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due <br /> under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a) <br /> taxes and assessments and other items which can attain priority over this Security Instrument as a lien or <br /> encumbrance on the Property;(b)leasehold payments or ground rents on the Property,if any;(c)premiums for <br /> any and all insurance required by Lender under Section 5;and(d)Mortgage Insurance premiums,if any,or any <br /> sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with <br /> the provisions of Section 10.These items are called"Escrow Items." At origination or at any time during the <br /> term of the Loan,Lender may require that Community Association Dues,Fees,and Assessments,if any,be <br /> escrowed by Borrower,and such dues,fees and assessments shall be an Escrow Item. Borrower shall promptly <br /> furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for <br /> Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender <br /> may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such <br /> waiver may only be in writing. 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 waived by Lender and,if <br /> Lender requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may <br /> require.Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to <br /> be a covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement"is <br /> used in Section 9. If Borrower 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 rights under Section 9 and pay such amount <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 shall 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 time specified 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 estimates of <br /> expenditures of future Escrow Items or otherwise in accordance with Applicable Law. <br /> NEBRASKA--Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT(MERS) Form 3028 1/01 (page 3 of 9 pages) <br /> 12439.CV(9/11) 6899638340 Creative Thinking,Inc. <br /> GOTO(004d520t) <br />