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°P211.1055
<br />payments due under the Note and this Security Instrument or performing the covenants and agreements
<br />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
<br />for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as
<br />a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any;
<br />(c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
<br />premiums to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the
<br />monthly Mortgage Insurance premiums. These items are called "Escrow Items."At origination or at any time
<br />during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assess-
<br />ments, 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
<br />to 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
<br />all Escrow Items at any time by a notice given in accordance with Section 14 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 />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
<br />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 rea-
<br />sonable estimates of 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, instru-
<br />mentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any
<br />Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
<br />specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
<br />analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on
<br />the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in
<br />writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay
<br />Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that
<br />interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting
<br />of the Funds as required by RESPA.
<br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Bor-
<br />rower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
<br />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 shortage in accordance with RESPA, but in no more than
<br />12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender
<br />shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to
<br />make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
<br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
<br />to Borrower any Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
<br />attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
<br />ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
<br />the extent that these items are Escrow 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
<br />Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
<br />to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
<br />NEBRASKA - Single Family - Fannie Mae/Freddle Mac UNIFORM INSTRUMENT
<br />Modified for FHA 9/2014 (HUD Handbook 4000.1)
<br />ICE Mortgage Technology, Inc. Page 4 of 11
<br />Form 3028 1/01
<br />NEEFHA15DE 0721
<br />NEEDEED (CLS)
<br />12/29/2021 01:55 PM PST
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