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<br />200700411 <br /> <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby <br />conveyed and has the right to grant and convey the Property and that the Property is <br />unencumbered, except for encumbrances of record. Borrower warrants and will defend <br />generally the title to the Property against all claitns and demands, subject to any encumbrances <br />of record. <br /> <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and <br />non-uniform covenants with limited variations by jurisdiction to COI1.'\titute a uniform security <br />instrument covering real property. <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br /> <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late <br />Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by <br />the Note and any prepayment charges and late charges due under the Note. Borrower shall also <br />pay funds for Escrow Item.<; pursuant to Section 3. Payments due under the Note and this <br />Security Instrument shall be made in U.S. currency. However, if any check or other instrument <br />received by Lender as 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 <br />Security Instrument be made in one or more of the following forms, as selected by Lender: (a) <br />cash; (b) money order; (c) certitied 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 <br />agency, iI1.<;trumentality, or entity; or (d) Electronic Funds Transfer. <br />Payments are deemed received by Lender when received at the location designated in <br />the Note or at such other location as may be designated by Lender in accordance with the notice <br />provisions in Section 15. Lender may return any payment or partial payment if the payment or <br />partial payments are insufficient to bring the Loan current. Lender may accept any payment or <br />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 <br />obligated to apply such payments at the time such payments are accepted. If each Periodic <br />Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied <br />funds. Lender may hold such unapplied 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 <br />apply such funds or return them to Borrower. If not applied earlier, such funds will be applied <br />to the outstanding principal balance under the Note immediately prior to foreclosure. No offset <br />or claim which Borrower might have now or in the future against Lender shall relieve Borrower <br />from making payments due under the Note and this Security Instrument or perfornIing the <br />covenants and agreements secured by this Security Instrument. <br />2. Application of Payments or Proceeds. Except as otherwise described in this <br />Section 2, all payments accepted and applied by Lender shall be applied in the following order <br />of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due <br />under Section 3. Such payments shall be applied to each Periodic Payment in the order in which <br />it became due. Any remaining amounts shall be applied first to late charges, second to any other <br /> <br />LOAN NO: 175591601 <br />NEBRA. SKA -- Single Family -- FllIlnle MIle/Freddie Mac UNIFORM INSTRUMENT Form 3028 ~,., W <br />GMACM - CMS.0263.NE (0001) (Page 4 oj 19) Initials: \::r' <br />