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<br />200609120 <br /> <br />a~ pennitted under Applieable Law, all payments aeeepted and applied by Lender shall be applied in the following order of <br />priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall <br />be applied to cach Periodic Payment in the order in which it becamc dUe. Any remaining amounts shall he applied first to late <br />charges, second to any othcr amounts due undcr this Security Instrument, and then to reduce thc principal balance of the Note. <br />If Lcnder receives a paymcnt from Borrower for a delinqucnt Periodic Payment which includes a sufficient amount to pay <br />any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic <br />Paymcnt is outstanding, Lendcr may apply any paymcnt received from Borrower to the repayment of thc Periodic Payments if, <br />and to the extent that, each payment can be paid in full. To the extent pennitted by Applicable Law, voluntary prepayments <br />shall be applied first to any prepayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or Miseellaneous Procccds to principal duc under the Note shall not <br />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 Payments <br />are due under the Note, until the Note is paid in full, a sum (thc "Funds") to provide for payment of amounts due for: <br />(a) taxes and assessments and other items which can attain priority over tlllS Security Instrument as a lien or encumbrance on <br />the Property; (b) leasehold payments or ground rents on the Property, if any; (c) prellllums for any and all insurancc rcquired <br />by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu <br />of thc payment of Mortgage Insurance premiums. These items are called "Escrow Items." At origination or at any time during <br />the tem1 of the Loan, Lender may require that Community Association Dues, Fees, and AssessmcnL~, if any, be escrowed by <br />Bon'ower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices <br />of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives <br />Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender <br />Funds for any or all Escrow Items at any time. Any such waiver may only he in writing. In the event of such waiver, Borrower <br />shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been <br />waived by Lender and, if Lendcr requires, shall furnish to Lender receipts evidencing such payment within such time period as <br />Lender may requirc. Borrower's obligation to make such payments and to provide receipts shall for all purposes bc deemed to <br />be a covenant and agreement contained in this Security Instrumcnt, as the phrase "covenant and agreement" is used in Section <br />8. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an <br />Escrow Item, Lender may exercise its rights under Section 8 and pay such amount and Borrower shall then be obligated under <br />Section 8 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any timc by a <br />notice given in accordance with Section 14 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such <br />amounts, that are then required under this Scction 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pcrmit Lender to apply the Funds at the <br />time specified under RESPA, and (b) not to cxceed the maximum amount a lender can require under RESPA. Lender shall <br />estimate the amount of Funds due on tl1e basis of current data and reasonable estimates of expenditures of future Escrow Items <br />or otherwise in accordance with Applicablc 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 ffilalyzing the eserow 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. Lender <br />shall give to Borrower, without charge, an annual accounting of tl1e 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 excess <br />funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify <br />Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the shortage in <br />accordance witl1 RESPA, but in no more than 12 monthly payments. If there is a deficiency ofFund~ held in escrow, as defined <br />under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to <br />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 Section <br />21 the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply no later than immediately prior to <br /> <br />NEBRASKA DEED OF TRUST-Single Family-Secondary Lien <br />THE COMPLIANCE SOURCE, INC. <0 <br />ITEM 8627L4 (0304)--MERS MFNE3118 {Page 4 of II raf.:es} <br /> <br />4001031804 GREATLAND. <br />To Order Call: 1-800-530-9393 0 Fax: 616-791-1131 <br />