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<br />200707388 <br /> <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant <br />and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and <br />will defend generally the title to the Property against all claims and demands, subject to any encumbrances ofrecord. <br /> <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited <br />variations by jurisdiction to constitute a uniform security instrument covering real property. <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay <br />when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due <br />under the Note. Borrower shall also pay funds for Escrow Items 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 received by Lender as payment <br />under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent <br />payments due under the Note and this Security Instrument be made in one or more of the following fOllliS, as selected by <br />Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such <br />check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic <br />Funds Transfer. <br />Payments are 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 accordance with the notice provisions in Section 15. Lender may return any payment or partial <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 either apply such funds 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 Instrument. <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 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 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 payable by Borrower to Lender in lieu of the payment of Mortgage <br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or <br />at any time during the term of the Loan, Lender may require that Community Association DUes, Fees, and Assessments, if any, <br />be escrowed by Borrower, and such dues, fees and assessments shall 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 /> <br />NEBRASKA-Single family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br /> <br />Form 3028 1101 <br /> <br />ITEM 1915L3 (0308) <br /> <br />(I'age 3 of II pages) <br /> <br />GreatDocs '" <br />To Order Call; 1~8aO.96a.5775 <br /> <br />07 -07 -05-012547 <br />