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<br />200701569 <br /> <br />any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to <br />its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the <br />time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay <br />interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. <br />If Borrower 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 immediately <br />prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve <br />Borrower from making payments due under the Note and this Security Instrument or performing the covenants and <br />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 due <br />under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in <br />which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under <br />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 one <br />Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic <br />Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is <br />applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary <br />prepayments 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 <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 and <br />other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold <br />payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; <br />and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of <br />Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At <br />origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and <br />Assessments, if any, be 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 Funds for <br />Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive <br />Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in <br />writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow <br />Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts <br />evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and <br />to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as <br />the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to <br />a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and <br />pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may <br />revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such <br />revocation, Borrower shall pay 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 <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 Escrow <br />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 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 permits Lender to make such a charge. Unless an agreement is made in <br /> <br />Nebraska Deed of Trust-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />-TilE COMPLIANCE SOURCE, INC.- Page 4 of 13 <br />www.compliancl:!source.com <br /> <br />MERS MOdified Fonn 3028 01/01 <br />14301 NE 08100 <br />@2000, The Compliance Source, Inc:. <br />2593609 <br /> <br />~v <br />/(W\ <br />