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200213550
<br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
<br />appurtenances, and fixtures now or hereafter apart of the property, All replacements and additions shall also be covered by
<br />this Security Instrument. All of the foregoing is referred to in this Security Instrument as the `Property;'
<br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
<br />grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower
<br />warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of
<br />record.
<br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- unitorm covenants with
<br />limited variations by jurisdiction to constitute a uniform security 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
<br />pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges
<br />due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note
<br />and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender
<br />as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender tiro require that any or all
<br />subsequent payments due under the Note and this Security Instrument be made in one or more othhe following forms, as
<br />selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
<br />provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or
<br />entity; or (d) Electronic Funds Transfer.
<br />Payments are deemed received by Lender when received at the location designated in the Note or at such other
<br />location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any
<br />pavment or partial payment if the payment or partial payments are insufficient to bring the Lcan current. Lender may accept
<br />time such payments are accepted. It each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
<br />interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes paymentm bring the Loan current
<br />If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to
<br />Borrower front applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately
<br />prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve
<br />Borrower from making payments due under the Note and this Security Instrument or performing the covenants and
<br />agreements secured by this Security Instrument.
<br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
<br />accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Nom;
<br />in the order in which it became due. Any remaining amounts shall he applied fin st to late charges, second to any other
<br />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
<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, [ender 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 is
<br />applied to the full payment ofoneor more Periodic Payments, such excess maybe applied to any law charges due. Voluntary
<br />prepayments shall be applied first in 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
<br />shall not extend or postpone the due date, or change the amount, of the Per 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 byy Lender under Section 5;
<br />and (d) Mortgage Insurance premiums, it any, or any sums payable by Borrower to Lender in lieu ofthe payment of Mortgage
<br />Insurance premiums in accordance with the provisions of Section 10. These items are called "'Escrow Items'." At origination
<br />or at any time during the term ofthe Loan, lender may require that Community Association Dues, Fees, and Asseesments,if
<br />any, be escrowed by Borrower, and such dues, fees and assessments shall bean Escrow Item. Borrower shall promptly
<br />furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay lender the Funds for Escrow Items
<br />unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
<br />obligation to pay to Lender Funds for any or all Escrow Items at anytime. Any such waiver may only be in writing. lathe
<br />event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which
<br />payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing Such
<br />payment within such time period as fender may require. Borrower's obligation to make such payments and to provide
<br />receipts shall for all purposes be deemed to be a covenant and agrcementcontained in this Security Instrument, as the phrase
<br />"covenant and agreement" is used in Section 9. IfBorrower is obligated to payEscrow Items directl y, pursuant to a waiver,
<br />and Borrower fails m pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such
<br />amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. lender may revoke the
<br />waiver as to any or all Escrow Items at any time by a nonce given in accordance with Section 15 and, upon such revocation,
<br />Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
<br />Under 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) nut to exceed the maximum amount a lender can require under RESPA. Lender
<br />shall estimate the amount of Funds due on the basis of currout data and reasonable estimates ofexpenditures offitureEscrow
<br />Items or otherwise in accordance with Applicable Law.
<br />The Funds shall be held in an institution whose deposits are insured byafedcral agency, inso ementality, 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
<br />for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless lender
<br />pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is
<br />made in writing or Applicable Law requires interest to be paid on the Funds, lender shall not be required to pay Borrower
<br />any interest or earnings on the Funds. Borrower' and Lender can agree in writing, however, that interest shall be paid on the
<br />Funds. [ender 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. Ifthere 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 mUnder 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 m Borrower any
<br />Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
<br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,
<br />NEBRAS" S..,la Family —Fannie M. R- ovddiv Mac UNIFORM INSTRUMENT Form3028 1 /01 (page? i'xpa,)
<br />13835 . CV (a/a2) m2132
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