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<br />i .! ~ \ , <br /> <br />200700927 <br /> <br />payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial <br />payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such <br />payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are <br />accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. <br />Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so <br />within a reasonable period of time, Lender shall e~t~~r aRl?~,slf.ch~nds or return them to Borrower. If not applied earlier, such <br />funds will be applied to the outstanding principal balance .under the 'Note immediately prior to foreclosure. No offset or claim <br />which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the <br />Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrwnent. <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and <br />applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the <br />Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it <br />became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security <br />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 delinql;lent 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 that any excess exists after the payment is applied to the <br />full payment of one or more Periodic Payments, such excess may be applied to any late charges due. 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. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until <br />the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other <br />items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments <br />or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and <br />(d) Mortgage Insurance premiums, if any, or any sums payabl7 by Borrower to Lender in lieu of the payment of Mortgage <br />Insurance premiums in accordance with the provisions o(~y<;tiop)O., These items are called "Escrow Items." At origination or <br />. " .' ' ~" , ,.' 'f" ,I , ",~." ,,' I.., : <br />at any time during the term of the Loan, Lender may,require thatCommunity Association Dues, Fees, and Assessments, if any, <br />be escrowed by Borrower, and such dues, fees cmd assessmen~s sh~ll be an Escrow Item. Borrower shall promptly furnish to <br />Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless <br />Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to <br />pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such <br />waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of <br />Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within <br />such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all <br />purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and <br />agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower <br />fails to pay the amount due for an Escrow Item, Lender maye~el,'"cise its rights under Section 9 and pay such amount and <br />Borrower shall then be obligated under Section 9 to repaytq Len~erany such amount. Lender may revoke the waiver as to any <br />or all Escrow Items at any time by a notice given iT\ accordantewithSettion 15 and, upon such revocation, Borrower shall pay <br />to 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 the <br />time specified under RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall <br />estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items <br />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 shall <br />apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shall not charge Borrower for <br />holding and applying the Funds, annually analyzing the escr01, aycount, or verifying the Escrow Items, unless Lender pays <br />Borrower interest on the Funds and Applicablelh~~: p,~fP?it~Lend~r t9 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 Lenderca'n agree' i~ 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 /> <br />NEBRASKA-Single Family-Fannie Mae/I'reddie Mac UNII<'ORM INSTRUMENT <br /> <br />Form 3028 1/01 <br /> <br />ITEM 2698L4 (0308}-MERS <br /> <br />(Page 4 of 12 pages) <br /> <br />GrealOoes '" <br />To Order Cali: 1-800-968-5775 <br />