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202110129 <br />2110371144 <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: <br />First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly <br />charge by the Secretary instead of the monthly mortgage insurance premiums; <br />Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and <br />other hazard 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 <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 to be <br />paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly Mortgage <br />Insurance premiums. 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 <br />by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish <br />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. <br />Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. <br />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 <br />Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time <br />period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for <br />all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase <br />"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, <br />pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its <br />rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to <br />Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice <br />given in accordance with Section 14 and, upon such revocation, Borrower shall pay to Lender all Funds, and <br />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 <br />apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can <br />require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and <br />reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable <br />Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, <br />FHA Nebraska Deed of Trust - 09/15 <br />g" -lx 19385.21 Page 4 of 13 <br />