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200110585
<br />location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any
<br />payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may
<br />accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or
<br />prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such
<br />payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then
<br />Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment(s)
<br />to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such
<br />funds to return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance
<br />under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future
<br />against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or
<br />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 order
<br />in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due
<br />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 one
<br />Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic
<br />Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment
<br />is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due.
<br />Voluntary prepayments shall be applied first to any prepayment charges and then as described in the 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 and
<br />other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold
<br />payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section
<br />5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of
<br />Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'Escrow Items."
<br />At origination or at any time during the term 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. Borrower
<br />shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds
<br />for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any Escrow Items. Lender may waive
<br />Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in
<br />writing. 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 receipts
<br />evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments
<br />and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
<br />Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items
<br />directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights
<br />under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
<br />amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with
<br />Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
<br />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
<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 of
<br />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. 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, unless
<br />Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an
<br />agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required
<br />to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
<br />shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required
<br />by RESPA.
<br />If there is a surplus of Funds held in escrow, as deemed under RESPA, Lender shall account to Borrower for the
<br />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 3/99
<br />Page 3 Form Software by Automated Real Estate Services, Inc. 1- 800 - 330 -1295 BE D / (3100481
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