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<br />v2 weeD LOAN # 501267325 <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with <br />limited variations by jurisdiction to constitute a uniform security instrument covering real property. <br /> <br />200610486 <br /> <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 <br />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 <br />Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received <br />by lender as payment under the Note or this Security Instrument is returned to lender unpaid, Lender may require that <br />any or all subsequent payments due under the Note and this Security Instrument be made in one or more ofthe following <br />forms, as selected by lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's <br />check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, <br />instrumentality, or 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 />payment or partial payment if the payment or partial payments are insufficient to bring the loan current. lender may <br />accept any payment or partial payment insufficient to bring the loan current, without waiver of any rights hereunder or <br />prejudice to its rights to refuse such payment or partial payments in the future, but lender is not obligated to apply such <br />payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, <br />then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes <br />payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either <br />apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal <br />balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the <br />future against lender shall relieve Borrower from making payments due under the Note and this Security Instrument <br />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 <br />and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal <br />due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the <br />order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts <br />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 <br />one Periodic Payment is outstanding, lender may apply any payment received from Borrower to the repayment of the <br />Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after <br />the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late <br />charges due. Voluntary prepayments shall be applied firstto 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. 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 <br />and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) <br />leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by lender <br />under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to lender in lieu of <br />the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called <br />"Escrow Items." At origination or at anytime during the term ofthe Loan, lender may require that Community Association <br />Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an <br />Escrow Item. Borrower shall promptly furnish to lender all notices of amounts to be paid under this Section. Borrower <br />shall pay lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or <br />all Escrow Items. Lender may waive Borrower's obligation to pay to lender Funds for any or all Escrow Items at any time. <br />Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, <br />the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, <br />shall furnish to lender receipts evidencing such payment within such time period as lender may require. Borrower's <br />obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and <br />agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If <br />Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for <br />an Escrow Item, lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be <br />obligated under Section 9 to repay to Lender any such amount. lender may revoke the waiver as to any or all Escrow <br />Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to <br />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 <br />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, instrumentality, or entity <br />(including lender, if lender is an institution whose deposits are so insured) or in any Federal Home loan Bank. lender <br />shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge <br />Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, <br />unless lender pays Borrower interest on the Funds and Applicable law permits lender to make such a charge. Unless <br />an agreement is made in writing or Applicable Law requires interestto be paid on the Funds, lendershall not be required <br />to pay Borrower any interest or earnings on the Funds. Borrower and lender can agree in writing, however, that interest <br />shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required <br />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. Ifthere is a shortage of Funds held in escrow, as defined under RESPA, lender <br /> <br />.. &~ fi'))/''; <br />I n1 t1als: '- ,:/ c... <br />NEEDEED 0402 <br />11-20-2006 10:54 <br /> <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />@ 1999-2004 Online Documents, Inc. Page 3 of 9 <br /> <br />Form 3028 1/01 <br />