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200708318 DOC 10 #: 00018016612409007 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payment<; due under the Note and this Security Instmment shall be made in U.S. eurrency. However, if any cheek or other instrument received by Lender as payment under the Note or this Seeurity Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, a<; selected by Lender: (a) ca<;h; (b) money order; (e) eertified cheek, bank eheck, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are decmed received by Lender when received at the location designated in the Note or at such other location a'l may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial paymcnt if the payment or partial payment'! are insufficicnt to bring the Loan current. Lender may aceept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereundcr or prejudice to its rights to refuse such payment or partial payments in the future, but Lendcr is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payments to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments duc under the Note and this Security Instrument or performing the covenants and agreements secured by this Sccurity Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applicd by Lender shall be applicd in the following order of priority: (a) interest due under the Note; (b) principal due undcr the Note; (c) amounts duc under Section 3. Such payments shall bc applied to each Periodic Payment in the ordcr in which it bccame due. Any remaining amounts shall be applied first to late charges, sccond to any other amount'l due under this Security Instrument, and then to reduce thc principal balance of the Note. If Lender receivcs a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrowcr to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the paymcnt is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance procecds, or Miscellaneous Pmceeds to principal due under the Note shall not cxtcnd or postpone the due date, or change the amount, of thc Pcriodic Payment'l. 3. Funds for Escrow Items. Borrower shall pay to Lender on thc day Periodic Payments are due under the Note, until the Notc is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or cncumbrance on the Pmperty; (b) leasehold payment'l or ground rent'l on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and a'lsessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lendcr waivcs Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Itcms at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts duc for any Escrow Items for which payment of Funds has bccn waived by Lendcr and, if Lendcr requires, shall furnish to Lender reccipts evidencing such payment within such time period as Lender may requirc. Borrower's obligation to make such payments and to provide receipts shall for all purposes be decmed to be a covcnant and agreement contained in this Security Instrument, as the phrase "covenant and agrcement" is used in Section 9. If Borrower is obligated to pay Escrow Items dircctly, pursuant to a waiver, and Borrower fails to pay thc amount due for an Escrow Item, Lcnder may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated undcr Scction 9 to rcpay to Lender any such amount. Lender may 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 revocation, Borrower shall pay to Lender all Fund'l, and in such amount'l, that are then required under this Scction 3. Lender may, at any time, collect and hold Fund'l in an amount (a) sufficicnt to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of cxpcnditurcs of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (induding Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lcndcr shall not chargc Borrower for holding and applying the Funds, annually analyzing the escmw account, or verifying the Escrow Items, unless Lendcr pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requircs interest to be paid on the Funds, Lender shall not be required to pay Borrower any intercst or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in cscrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, a'l defined under RESPA, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lendcr thc amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly paymcnts. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held bv Lender. 4. Charges; Liens. Borrower shall pay all taxes, a'lSessments, charges, fincs, and impositions attributable to the Property which can attain priority ovcr this Sccurity Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Ducs, Fees, and Assessments, if any. To thc cxtcnt that these items are Escrow Items, Borrower shall pay them in the manncr orovided in Scction 3. M Deed of Trust-NE 2006A-NE (06/07) Page 3 of 9 Form 3028 1~ V )