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<br />200707305 <br /> <br />4500029552 <br /> <br />BORROWER COVENANTS that Borrower is lawfully seised uf the estate hereby conveyed and has the right to grant and <br />convey the Property and that the Property is unencumbered, except for encumbranccs of record. Borrower warrants and will defend <br />generally the title to the Property against all c1ainls and demands, subjcct to any eneurnbranees of record. <br /> <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited <br />variations by jurisdiction to constitute a unij(-lI'ln security instrument covering real property. <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as f()l]ows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when <br />due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the <br />Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security <br />Instrument shall be made in u.s. currency. However, if any check or other instrument received by Lender as payment under the <br />Note or this Security Instrument is returned to Lender unpaid, Lender ]1\ay require that any or all subsequent payments due under <br />the Note and this Security Instrument be made in one or Inore of the f(>Ilowing forms, as selceted by Lender: (a) cash; (b) money <br />order; (c) certified check, bank check, treaSllrer's check or cashicr's ehL'Ck, provided any such check is drawn upon an institution <br />whose deposits are insured by a federal agency, instrumentality, or entitv; or (el) Electronic Funds Transfer. <br />Payments arc deemed received by Lender when received at the location designated in the Note or at such other location as <br />may be designated by Lender in aeeordancc with thc noticc provisions in Section 15. Lender may return any payment or partial <br />payment if the payment or partial payments arc inSlllTieicnt to bring the Loan currcnt. Lender may accept any payment or partial <br />payment insufficient to bring the Loan currcnt, without waivcr of any rights hcreundcr or prejudice to its rights to refuse such <br />payment or partial payments in the future, but Lcnder is not obligated to apply slH.:h payments at the time such payments are <br />accepted. If each Periodic Payment is applied as of its scheduled due (!:Ite, then Lender need not pay interest on unapplied funds. <br />Lender may hold such unapplied funds until Borrower makes payment 1ll bring the Loan current. If Borrower does not do so within <br />a reasonable period of time, Lender shall either apply such funds or return Ihl.:111 to Ilorrower. Ifnot applied earlier, such funds will <br />be applied to the outstanding principal balance undcr the Note inl]]\cdiatc]y prior to foreclosure. No offset or elaim which <br />Borrower might have now or in the future against Ll.:ndcr shall rclil.:w Ilorrowcr from making payments due under the Note and <br />this Security Instrument or perfonning the covenants and agrccments securcd by this Security Instrument. <br />2. Application of Payments or Proceeds. Exccpt as othcrwisc dcscribcd in this Section 2, all payments accepted and <br />applied by Lender shall be applied in the f()llowing order of priority: (a) intcrest due under the Note; (b) principal due under the <br />Note; (c) amounts due under Section 3. Such payments shall bl.: applied to each Periodic Payment in the order in which it became <br />due. Any remaining amounts shall be applied lirst to late chargcs, sccond to any other amounts due under this Security Instrument, <br />and then to reduce the principal balance of the Note. <br />If Lender receives a payment from Borrower for a delinquent I'eriodic Payment which includes a sufficient amount to pay <br />any late charge due, the payment may be applicd to thl.: dclinqul.:nt paynwnt and the late charge. Ifmore than one Periodic Payment <br />is outstanding, Lender may apply any paymcnt received fronl Borrowcr to the rcpayment of the Periodic Payments if, and to the <br />extent that, each payment can be paid in full. To thc extcnt that any CXCl.',S exists after the payment is applied to the full payment of <br />one or more Periodic Payments, such exccss may be applied to any 1,11e dl,.lrges duc_ Voluntary prepayments shall be applied first <br />to any prepayment charges and then as describcd in the Note. <br />Any application of payments, insurance prol.:eeds, or Miscel!:lnl.:OllS Proceeds to principal due under the Note shall not <br />extend or postpone the due date, or change thc amount, of thc Pcriodie I',]ymcnts. <br />3. Funds for Escrow Items. Borrowcr shall pay 10 Lender on the day Periodic Payments are due under the Note, until the <br />Note is paid in full, a sum (the "Funds") to provide f(lr paymcnt of al]\ounts due f(x: (a) taxes and assessments and other items <br />which can attain priority over this Security Instrument as a lien or encl]lIlhrance on the Propcrty; (b) leasehold payments or ground <br />rents on the Property, if any; (c) premiullls 1(11' any and al] insuranlT required by Lender under Section 5; and (d) Mortgage <br />Insurance premiums, if any, or any sums pHyable by Ilorrower to l,emkr in licu of thc payment of Mortgage Insurance premiums <br />in accordance with the provisions of Section 10. These items arc ealkd "Escrow Itcms." At origination or at any time during the <br />term of the Loan, Lender may require that Cornmunity Association DUL'';, Fces, and Assessments, if any, be escrowed by Borrower, <br />and such dues, fees and asseSSlnents shall bc an Escrow Item. Borrowcr shall promptly furnish to Lender all notices of amounts to <br />be paid under this Section. Borrower shall pay Lendcr thc Funds for [:;now Items unless Lender waives Borrower's obligation to <br />pay the Funds for any or all Escrow Items. Lcnder Inay waive Borrowcr's obligation to pay to Lender Funds for any or all Escrow <br />Items at any time. Any such waiver may only bc in writing. In the CWllt of such waiver, Borrower shall pay directly, when and <br /> <br />NEBRASKA-- Single Family dFannic Mac/Freddie Mac UNIFORM INSTRUMENT <br />"""') 338.25 Page 3 0( / / <br /> <br />Form 3028 1/01 <br /> <br />drh lD$' <br />