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201907590 <br />will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or <br />claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments <br />due under the Note and this Security Instrument or performing the covenants and agreements secured by this <br />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 each <br />Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, <br />second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the <br />Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient <br />amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If <br />more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the <br />repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that <br />any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess <br />may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and <br />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 any <br />and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums <br />payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the <br />provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of <br />the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by <br />Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender <br />all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless <br />Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's <br />obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. <br />In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow <br />Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender <br />receipts evidencing such payment within such time period as Lender inay require. Borrower's obligation to make <br />such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in <br />this 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 Item, <br />Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under <br />Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any <br />time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all <br />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 <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 />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or <br />entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan <br />Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender <br />shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying <br />the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3028 1/01 <br />Page 4 of 13 <br />