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200306009 <br />BORROWER COVENANTS that Borrower is lawfully spread of the estate hereby conveyed and bas the right to gram and comedy the Property <br />and that the Property Is uneucunbe cti except for dncumbmmeas of record. Borrower warrants and will defend generally the title to the Property <br />against all claims and demands, subject to any encumbrances of record <br />THIS SECURITY INSTRUMENT oomhlnes uniform covenants for national use and non uniform covenants with limited variations by <br />jurisdiction to constitute a bulletin occur ry instrument covering real property. <br />UNIFORM COVENANTS- Borrower and Lender covenant and agree as follows' <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal <br />of and interest on the debt evidenced by the Note and any prepayment charges and late charges due under the Note- Borrower shall also pay <br />funds for Escrow Items pursuant to Section 3. Payments duo under the Note and this Security Instrument shall be motle in U.S. currency. <br />However, If any check or other Instrument received by Lender ass Payment under the Note or this Security Instrument Is returned to Lender <br />unpaid Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made In one or more of the <br />following forms, as selected by Lender (a) cash', (b) money order', (c) certified check, bank check, treasurer's check or cashier's cheek, provided <br />any such cheek Is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or led Electronic Funds <br />Transfer. <br />Payments are deemed received by Lender when reneivod at the location designated in the Note or at such other location as may be <br />designated by Lender in accordance with the notice provisions In Section 15. Lender may return any payment or parried payment If the payment <br />of partial payments are Insufficient to bring the Loan current. Lender may accept any payment or partial payment Insufficient to bring the Loan <br />current, witlwu( waiver i arty agate f)erreundar or prejudice to Its rights to refuse such payment or partial payments In the future, but Lender is not <br />obligated to stay such payments at rho time such payments are accepted If each Periodic Payment is applied as of Its scheduled due date, <br />then Lender need not pay interest err uncoated funds- Lender may hold such unappfled funds until Borrower makes payment to bring the Loan <br />current If Borrower does not do so within a reasonable period of time Lender shall either apply such funds or return tirena to Borrower. If not <br />applied earlier, such funds will be applied to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim <br />which Borrower might have now or in the future against Lender shall relieve Borrower Lam making payments due under the, Note and this <br />Security Instrument or 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 and applied by Lender <br />shall be applied in the allowing order of prlorlty. (a) Interest due under the Note; (b) principal duo under the Note', (o) amrnmts due under Section <br />3. Such payments shall be applied to each Periodic Payment In the, order In which it became due. Any remaining amounts shall he applied first <br />to Tate charges, second to any other amounts due 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 to pay any late charge <br />due. the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may <br />apply any payment received tram Burrower to the repayment of the Periodic Payments it, and to tine extent that code payment can be paid In full. <br />To the extent that any excess exists after Ice payment is applied to the full payment of one or more Periodic Payments, such excess may be <br />applied to any late charges tlue. Voluntary prepayments' shall be applied first to any prepayment charges and then as described the Note. <br />Any application of payments, Insurance amasses, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone <br />the due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shell pay to Lender on the day Periodic Payments are due under the Note, until the Note Is paid in <br />NII, a spin (the "Funds ") to provide for payment of amounts due for (o) taxes and assessments and other Items which can attain prlorlty over this <br />Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, It any (c) premiums for <br />day and all Insurance required by Lender under Section 5. and (d) Mortgage Insurance premiums, If any, or any sums payable by Borrower to <br />Lender In lieu of the payment of Mortgage Insurance premiums in accordance with this provisions of Section 10. 1 rose Items are called "Escrow <br />Items." At origination or at any time during the term of the Loan. Lender may require that Community Association Dues, Fees, and Assessments, it <br />any he escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all <br />notices of amounts to he paid under the Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's <br />obligation In pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation to pay to Lender Funds fur any or all Escrow <br />Items at any time. Any such waiver may only his In writing. In the event of such waiver, Borrower shall pay directly, when and where payable, trap <br />amounts due for any Escrow Items for which payment of Funds has been waived by Lender and If Lender requires, shall furnish to Lender <br />receipts evidencing such payment within such time period as Lender may realuire. Borrowers obligation to make such payments and to provide, <br />receipts shall for all purposes he deemed to be a covenant and agreement contained in this Security Instrument, ear the phew "covenant and <br />agreement" is used in Section 9- If Borrower Is abllgated to pay Escrow Items directly. pursuant to a waiver, and Borrower tails to pay tine amount <br />one, for an Escrow Item, Lender may exorcise Its rights under Section 9 and pay such amount and Borrower shall than he obligated under Section <br />9 to repay to Lender any such arnounl. Lender may revoke the waiver as to any or all Escrow Ilene at any time by a notice given In accordance <br />with Section 1b and, upon such rov sdatlon, Borrower shall pay to Lender all Funtls, and In such amounts, that are there required under this <br />Section 3. <br />Lender may, at any time. culled and hold Funds In an amount (a) sUf iciaut to Permit Lender to apply the Funds at fie time specified under <br />HESPA, and (b) not to exnoed the maximum amount o ardor can usable, under RESPA- Lender shall es'taaaate the amount of Funds due on the <br />basis of current data and reasonable 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. Inslrumpabillty, or entity ( Including Lender, it <br />Lender N an Institution whose deposals are so inured) or In any Faderal Home Loan Bank. Lender shall apply the Funtls to pay the Escrow Items <br />no later than the time specified under RESPA. Lender shall not charge Borrower for holding and 'applying the Funds, annually analyzing the <br />escrow convent, or verifying the Facrow Items. unless Leader pays Borrower interest on the Funds and Applicable Law Parade Leader to nhokc <br />such a charge. Unless an 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 paintings on the Funtls. Borrower and Lender can agree In writing, however, that interest shall be paid an the <br />Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by HESPA. <br />It there Is a surplus of Funds held in escrow, es defined under RESPA. Leader shall account to Borrower for the excess funds In accordance <br />with RESPA. If there is a shortage of Funtls held In escrow as defined under RESPA, Lander shall notify Borrower as required by RESPA, end <br />Borrower shall pay to Lender the arnounl necessary to make up this shortage in accordance with RESPA but in no more than 12 monthly <br />Payments. If there is a deficiency of Funds held In escrow, as defined under RESPA, Lander shall notify Boraowar as required by RESPA, and <br />Borrower shall pay to Lender the amount necessary to make up The deficiency in accordance with RESPA, but In no more than 12 monthly <br />payments. <br />Upon payment In full of all sums secured by this Security Instrument, I. ender shall promptly refund to Borrower any Funds held by Lender. <br />4. Charges; Gems. Borrower shall pay all taxes, ass'es'sruento charges, fines, and Impositions attributable to the Property wench can chain <br />prlalry over this Security Instrument laas,hold payments or ground rents on the Propdny, If any and Community Association Dues, Fees, and <br />Assessments, it any. To the extent that these itcins are Eacmw Items, Borrower shall Pay Them In the manner provided In Section 3- <br />Borrower shall promptly discharge any lien which has priority over this Reentry Instrument unless Burrower'. (u) agrees In writing to thin <br />payment of the Obligation secured by the lien in a manner enveptable to Lender, but only se long as Borrower is performing such agreement Ib) <br />contests the lien in good faith by, or defends against enforcement of Pte lien in, legal proceedings which In I Pnde,r's opinion operate to prevent <br />fie enforcement of the lien wrile those proceedings are pending, but only until such proceedings are convinced or (q venues from the holder of <br />the lien an agreement satisfactory to Leader subordinating the lien to this Security Instrument If Lender dmenninds that any part of fie Property Is <br />subject to a lien which can amid priority over this Security Insinuated Lender may give, Borrower a notice identifying the lien. Within 10 days of <br />the date on winch that notice is given, Borrower shall satisfy tine lien or take ono or more of the brans set forth above In this Section 4. <br />hurter may require Burrower to pay a one -time charge for a real estate tax verification and/or reporting arcree, aced by Lender in <br />connection with this Than <br />5. Property Insurance- Borrower shall keep tine Inipauvemants now existing er hemater erected on the Property insured against loss by <br />fire, hazards included within the term "extended coverage," and any otter hazeps Including, but not limited to everar ekes and floods, for which <br />Lender requires Insurance. Tuffs' Insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender <br />requires. What Lender requires pursuant to tine preceding wardrobe can change inning the term of the Loan. The Insumnce osrier providing <br />the insurance shall be search by Borrower subject to Lenders right to disapprove Borrowers choice, which right shall not be exercised <br />unreasonably. Lender may require Borrower to pay, In connection with Thin Loan, either (a) a onetime charge for flood zone determination, <br />confusion and tracking services, or (b) a and time charge for flood zone determination and certification services and Sebsege,rn charges each <br />time reentrances or similar changes Occur wrior reasonably might affect such determination or certification. Borrower shall also be resIm nsibde <br />ter the payment of any teas impatient by The Federal Emergency Management Agency in connection with the review of any flood zone <br />NEBRASKA Single Family Fannie MarsEreddie Mac UNIFORM INSTRUMENT Form 30281/01 <br />Page 2 Of 6 <br />