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202401089 <br />LOAN #: 249054 <br />If Lender receives a payment from Borrower in the amount of one or more Periodic Payments and <br />the amount of any late charge due for a delinquent Periodic Payment, the payment may be applied to <br />the delinquent payment and the late charge. <br />When applying payments, Lender will apply such payments in accordance with Applicable Law. <br />(c) Voluntary Prepayments. Voluntary prepayments will be applied as described in the Note. <br />(d) No Change to Payment Schedule. Any application of payments, insurance proceeds, or Miscel- <br />laneous Proceeds to principal due under the Note will not extend or postpone the due date, or change <br />the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. <br />(a) Escrow Requirement; Escrow Items. Borrower must pay to Lender on the day Periodic Pay- <br />ments are due under the Note, until the Note is paid in full, a sum of money to provide for payment of <br />amounts due for all Escrow Items (the "Funds").The amount of the Funds required to be paid each month <br />may change during the term of the Loan. Borrower must promptly furnish to Lender all notices or invoices <br />of amounts to be paid under this Section 3. <br />(b) Payment of Funds; Waiver. Borrower must pay Lender the Funds for Escrow Items unless Lender <br />waives this obligation in writing. Lender may waive this obligation for any Escrow Item at any time. In the <br />event of such waiver, Borrower must pay directly, when and where payable, the amounts due for any <br />Escrow Items subject to the waiver. If Lender has waived the requirement to pay Lender the Funds for <br />any or all Escrow Items, Lender may require Borrower to provide proof of direct payment of those items <br />within such time period as Lender may require. Borrower's obligation to make such timely payments and <br />to provide proof of payment is deemed to be a covenant and agreement of Borrower under this Security <br />Instrument. If Borrower is obligated to pay Escrow Items directly pursuant to a waiver, and Borrower fails to <br />pay timely the amount due for an Escrow Item, Lender may exercise its rights under Section 9 to pay such <br />amount and Borrower will be obligated to repay to Lender any such amount in accordance with Section 9. <br />Lender may withdraw the waiver as to any or all Escrow Items at any time by giving a notice in accor- <br />dance with Section 15; upon such withdrawal, Borrower must pay to Lender all Funds for such Escrow <br />Items, and in such amounts, that are then required under this Section 3. <br />(c) Amount of Funds; Application of Funds. Lender may, at any time, collect and hold Funds in <br />an amount up to, but not in excess of, the maximum amount a lender can require under RESPA. Lender <br />will estimate the amount of Funds due in accordance with Applicable Law. <br />The Funds will be held in an institution whose deposits are insured by a U.S. federal agency, instru- <br />mentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in <br />any Federal Home Loan Bank. Lender will apply the Funds to pay the Escrow Items no later than the <br />time specified under RESPA. Lender may not charge Borrower for: (i) holding and applying the Funds; <br />(ii) annually analyzing the escrow account; or (iii) verifying the Escrow Items, unless Lender pays Bor- <br />rower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless Lender <br />and Borrower agree in writing or Applicable Law requires interest to be paid on the Funds, Lender will not <br />be required to pay Borrower any interest or earnings on the Funds. Lender will give to Borrower, without <br />charge, an annual accounting of the Funds as required by RESPA. <br />(d) Surplus; Shortage and Deficiency of Funds. In accordance with RESPA, if there is a surplus <br />of Funds held in escrow, Lender will account to Borrower for such surplus. If Borrower's Periodic Payment <br />is delinquent by more than 30 days, Lender may retain the surplus in the escrow account for the pay- <br />ment of the Escrow Items. If there is a shortage or deficiency of Funds held in escrow, Lender will notify <br />Borrower and Borrower will pay to Lender the amount necessary to make up the shortage or deficiency <br />in accordance with RESPA. <br />Upon payment in full of all sums secured by this Security Instrument, Lender will promptly refund to <br />Borrower any Funds held by Lender. <br />4. Charges; Liens. Borrower must pay (a) all taxes, assessments, charges, fines, and imposi- <br />tions attributable to the Property which have priority or may attain priority over this Security Instrument, <br />(b) leasehold payments or ground rents on the Property, if any, and (c) Community Association Dues, <br />Fees, and Assessments, if any. If any of these items are Escrow Items, Borrower will pay them in the <br />manner provided in Section 3. <br />Borrower must promptly discharge any lien that has priority or may attain priority over this Security <br />Instrument unless Borrower: (aa) agrees in writing to the payment of the obligation secured by the Lien <br />in a manner acceptable to Lender, but only so long as Borrower is performing under such agreement; <br />(bb) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings <br />which Lender determines, in its sole discretion, operate to prevent the enforcement of the lien while those <br />proceedings are pending, but only until such proceedings are concluded; or (cc) secures from the holder <br />of the lien an agreement satisfactory to Lender that subordinates the lien to this Security Instrument <br />(collectively, the "Required Actions"). If Lender determines that any part of the Property is subject to a <br />lien that has priority or may attain priority over this Security Instrument and Borrower has not taken any <br />of the Required Actions in regard to such lien, Lender may give Borrower a notice identifying the lien. <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021 (rev.7/23) <br />Modified for FHA 1/2023 (HUD Handbook 4000.1) <br />ICE Mortgage Technology, Inc. <br />Page 5 of 14 <br />1100E1,1.We:ft INViRiArtiRlitit11111 <br />NEEFHA23DE 0823 <br />NEEDEED (CLS) <br />03/15/2024 06:09 AM PST <br />