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201508371 <br />the 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 check is <br />drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic <br />Funds Transfer. <br />Payments are deemed received by Lender when received at the location designated in the Note or at such other <br />location as may be designated by Lender in accordance with the notice provisions in Section 14. Lender may return <br />any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender <br />may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights <br />hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated <br />to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled <br />due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower <br />makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall <br />either apply such funds or return them to Borrower. 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 have <br />now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security <br />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 payments accepted <br />and applied by Lender shall be applied in the following order of priority: <br />First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by the <br />Secretary instead of the monthly Mortgage Insurance premiums; <br />Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard <br />insurance premiums, as required; <br />Third, to interest due under the Note; <br />Fourth, to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note <br />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 under the Note, <br />until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments <br />and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) <br />leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender <br />under Section 5; and (d) Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge <br />by the Secretary instead of the monthly Mortgage Insurance premiums. These items are called "Escrow Items." At <br />origination or at any time during the teen of the Loan, Lender may require that Community Association Dues, Fees, <br />and 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 shall pay <br />Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow <br />Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any <br />such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, <br />the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, <br />shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's <br />obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and <br />agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If <br />Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due <br />for an Escrow 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 Escrow <br />Items at any time by a notice given in accordance with Section 14 and, upon such revocation, Borrower shall pay to <br />Lender all Funds, and in such amounts, that are then required under this Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to perniit Lender to apply the Funds <br />at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. <br />Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures <br />of future Escrow Items or otherwise in accordance with Applicable Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity <br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. <br />Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not <br />charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow <br />Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. <br />Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not <br />be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, <br />that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the <br />Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the <br />excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, <br />Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make <br />up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of <br />Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower <br />shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than <br />12 monthly payments. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower <br />any Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the <br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, <br />if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow <br />Items, Borrower shall pay them in the manner provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so <br />NEBRASKA FHA DEED OF TRUST -MERS Published September 2014 <br />16256.CV (9/15) 1501704 Page 3 of 8 GOTO(0063eb91) <br />