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<br />200700404 <br /> <br />Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower <br />does not do so within a reasonable period of time, Lender shall either apply such funds or return them to <br />Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note <br />immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against <br />Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or <br />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 <br />accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the <br />Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to <br />each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to <br />late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal <br />balance of the Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient <br />amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. <br />If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to <br />the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the <br />extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, <br />such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any <br />prepayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the <br />Note shall 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 <br />Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes <br />and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance <br />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 <br />payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the <br />provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term <br />of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be <br />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 <br />Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow <br />Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any <br />time. Any such waiver may only bc in writing. In the event of such waiver, Borrower shall pay directly, when <br />and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by <br />Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time <br />period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for <br />all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase <br />"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant <br />to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under <br />Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any <br />such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in <br />accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such <br />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 <br />Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can require <br />under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable <br />estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. <br />The Funds shall be held in an institution whose dcposits are insured by a federal agency, instrumentality, <br />or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home <br />Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under <br />RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br /> <br />Form 3028 1/01 (page 4 of /3 pages) <br />