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201702450 <br />scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unappllied funds until <br />Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, <br />Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the <br />outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might <br />have now 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 payments accepted <br />and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due <br />under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the <br />order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other <br />amounts due under this Security Instrument, and then to reduce the principal balance of the Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount <br />to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than <br />one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the <br />Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists <br />after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any <br />late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the <br />Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall <br />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, if any, or any sums payable by Borrower to Lender in lieu of the <br />payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called <br />"Escrow Items." At -origination- or at any -time during the term of the Loan, .Lender may require that Community <br />Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments <br />shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. <br />Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for <br />any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at <br />any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and <br />where 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 be a <br />covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in <br />Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the <br />amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower <br />shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any <br />or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower <br />shall pay to 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 permit Lender to apply the Funds at <br />the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender <br />shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future <br />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 l3ank. Lender <br />shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge <br />Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, <br />unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless <br />an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be <br />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 up <br />the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds <br />held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to <br />Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly <br />payments. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any <br />Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the <br />NEBRASKA - Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 30 /01 <br />Page 3 of 10 Initials: v9` <br />