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200411570 <br />shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the <br />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 permitted by Applicable Law, voluntary <br />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. Subject to Applicable Law, Borrower shall pay to Lender on the day Periodic <br />Payments are due 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 a lien or <br />encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all <br />insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by <br />Borrower to Lender in lieu of the payment of Mortgage Insurance premiums. These items are called "Escrow Items" At <br />origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and <br />Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall <br />promptly furnish 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. 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 and <br />to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as <br />the phrase "covenant and agreement" is used in Section 8. If Borrower is obligated to pay Escrow Items directly, pursuant to <br />a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 8 and <br />pay such amount and Borrower shall then be obligated under Section 8 to repay to Lender any such amount. Lender may <br />revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such <br />revocation, 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 the Funds at <br />the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender <br />shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow <br />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 shall <br />apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for <br />holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays <br />Borrower interest on 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 Borrower any interest <br />or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. <br />Lender shall give to Borrower, without charge, an annual accounting 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 Borrower for the <br />excess funds in accordance with RESPA. If there is a shortage 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 make up the <br />shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in <br />escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the <br />amount necessary to 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 to Borrower any <br />Funds held by Lender. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower <br />makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If under <br />Section 21 the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply no later than immediately <br />prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit <br />against the sums secured by this Security Instrument. <br />Initials: <br />Nebraska Deed of Trust - Single Family- Secondary Lien <br />—The Compliance Source, Inc.— Page 4 of 11 <br />www.comphwa onoume.com <br />ITEM 29227L410204) <br />Form 3901 011111 <br />14191NE 10091 <br />02001. The compliance source. Inc. <br />330174 <br />