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202402772 <br />2. Acceptance and Application of Payments or Proceeds. <br />(a) Acceptance and Application of Partial Payments. Lender may accept and either apply or <br />hold in suspense Partial Payments in its sole discretion in accordance with this Section 2. Lender is not <br />obligated to accept any Partial Payments or to apply any Partial Payments at the time such payments are <br />accepted, and also is not obligated to pay interest on such unapplied funds. Lender may hold such <br />unapplied funds until Borrower makes payment sufficient to cover a full Periodic Payment, at which time <br />the amount of the full Periodic Payment will be applied to the Loan. If Borrower does not make such a <br />payment within a reasonable period of time, Lender will either apply such funds in accordance with this <br />Section 2 or return them to Borrower. If not applied earlier, Partial Payments will be credited against the <br />total amount due under the Loan in calculating the amount due in connection with any foreclosure <br />proceeding, payoff request, loan modification, or reinstatement. Lender may accept any payment <br />insufficient to bring the Loan current without waiver of any rights under this Security Instrument or <br />prejudice to its rights to refuse such payments in the future. <br />(b) Order of Application of Partial Payments and Periodic Payments. Except as otherwise <br />described in this Section 2, if Lender applies a payment, such payment will be applied to each Periodic <br />Payment in the order in which it became due, beginning with the oldest outstanding Periodic Payment, as <br />follows: first to interest and then to principal due under the Note, and finally to Escrow Items. If all <br />outstanding Periodic Payments then due are paid in full, any payment amounts remaining may be applied <br />to late charges and to any amounts then due under this Security Instrument. If all sums then due under the <br />Note and this Security Instrument are paid in full, any remaining payment amount may be applied, in <br />Lender's sole discretion, to a future Periodic Payment or to reduce the principal balance of the Note. <br />If Lender receives a payment from Borrower in the amount of one or more Periodic Payments and the <br />amount of any late charge due for a delinquent Periodic Payment, the payment may be applied to the <br />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 <br />Miscellaneous Proceeds to principal due under the Note will not extend or postpone the due date, or <br />change 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 <br />Payments 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 <br />invoices 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 <br />Lender waives this obligation in writing. Lender may waive this obligation for any Escrow Item at any <br />time. In the event of such waiver, Borrower must pay directly, when and where payable, the amounts due <br />for any Escrow Items subject to the waiver. If Lender has waived the requirement to pay Lender the Funds <br />for any or all Escrow Items, Lender may require Borrower to provide proof of direct payment of those <br />items within such time period as Lender may require. Borrower's obligation to make such timely <br />payments and to provide proof of payment is deemed to be a covenant and agreement of Borrower under <br />this Security Instrument. If Borrower is obligated to pay Escrow Items directly pursuant to a waiver, and <br />1555500275 <br />NEBRASKA - Single Family • Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3028 07/2021 <br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289 Page 6 of 22 <br />11 <br />11 <br />11 <br />11 <br />iu <br />11 <br />11 <br />11 <br />11 <br />