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<br />200700761 <br /> <br />a<; pennitted under Applicable Law, all payments accepted 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) amounL<; due under Section 3. Such payments shall <br />be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late <br />charges, second to any other 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 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 />Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the 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 Miscellaneous Proceeds to principal due 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 />arc due under the Note, until the Note is paid in full, a sum (the "Fund<;") to provide for payment of amounts due for: <br />(a) taxes and assessments and other items which can attain priority over tins Security Instrument a<; a lien or encumbrance on <br />the Property; (b) leasehold payments or ground rents on the Property, if any; (c) prennums for any and all insurance required <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 the payment of Mortgage Insurance premiums. These items are called "Escrow Items." At origination or at any time during <br />the tenn of the Loan, Lender may reqlnre that Community Association Dues, Fees, mId Assessments, if any, be escrowed by <br />Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices <br />of mllounts 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 be 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 Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as <br />Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to <br />be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agrccment" 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 mnount mId 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 time 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 Section 3. <br />Lender may, at any time, collect mId hold Funds in an mllount (a) sufficient to pennit Lender to apply the Funds at the <br />time specified under RESP A, and (b) not to exceed the maximum mnount a lender can require under RESP A. Lender shall <br />estimate the mllount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items <br />or otherwise in accordance witll 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 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 analyzing the escrow account, or verifying the Escrow Items, unless Lender pays <br />Borrower interest on the Funds and Applicable Law pennits Lender to make such a charge. Unless an agrccment 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 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 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 RESPA, mId Borrower shall pay to Lender the amount necessary to make up the shortage in <br />accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds 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 RESP A, 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. <Cl <br />ITEM 8627L4 (0304)-MERS MFNE3118 (Page 4 ofll pages) <br /> <br />4002247094 GREATLAND. <br />fo Or .r Call: 1.800.S3Q..9393 D Fex: 616.791.1131 <br />