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NEBRASKA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />4 11116) 338.25 Page 4 of 14 <br />20/500095 <br />451407745 <br />bring the Loan current. Lender may accept any 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 payment to bring the Loan <br />current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds <br />or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal <br />balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now <br />or in the future against Lender shall relieve Borrower from making payments due under the Note and this <br />Security Instrument or performing the covenants 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 <br />under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be <br />applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be <br />applied first to late charges, second to any other amounts due under this Security Instrument, and then to <br />reduce the principal balance 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 <br />late 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 />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under <br />the 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: <br />(a) 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 <br />for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, <br />or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in <br />accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any <br />time during the term of the Loan, Lender may require that Community Association Dues, Fees, and <br />Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. <br />Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower <br />shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds <br />for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all <br />Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower <br />shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of <br />Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such <br />payment within such time period as Lender may require. Borrower's obligation to make such payments and <br />to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this <br />Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to <br />pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow <br />Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be <br />obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all <br />Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, <br />Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. <br />Form 30281/01 <br />