|
<br />I,' ,I :'
<br />
<br />200801095
<br />
<br />.: ~ .
<br />
<br />received from Borrower to the repayment of the Periodic Payments if~ and to the extent that, each
<br />payment can be paid in full. To the extent that any excess exists after the payment is applied to the full
<br />payment of one or more Periodic Payments, such excess may be applied to any late charges due.
<br />V oluntary prepayments shall be applied first to any prepayment charges and then as described in the
<br />Note.
<br />
<br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
<br />the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
<br />
<br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
<br />the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for:
<br />(a) taxes and assessments and other items which can attain priority over this Security Instrument as a
<br />lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any;
<br />(c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage
<br />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
<br />"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that
<br />Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such
<br />dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all
<br />notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow
<br />Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
<br />Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any
<br />time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly,
<br />when and where payable, the amounts due for any Escrow Items for which payment of Funds has been
<br />waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
<br />within such time period as Lender may require. Borrower's obligation to make such payments and to
<br />provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this
<br />Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is
<br />obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due
<br />for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower
<br />shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the
<br />waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,
<br />upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then
<br />required under this Section 3.
<br />
<br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
<br />the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
<br />require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and
<br />reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with
<br />Applicable Law.
<br />
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency,
<br />instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or
<br />in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than
<br />the time specified under RESPA. Lender shall not charge Borrower for holding and applying the
<br />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
<br />agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall
<br />not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree
<br />in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without
<br />charge, an annual accounting of the Funds as required by RESPA.
<br />
<br />If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to
<br />Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in
<br />escrow, as defined under RESPA, Lender shall notifY Borrower as required by RESPA, and Borrower
<br />shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in
<br />no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under
<br />RESP A, Lender shall notifY Borrower as required by RESP A, and Borrower shall pay to Lender the
<br />amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12
<br />monthly payments.
<br />
<br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
<br />Borrower any Funds held by Lender.
<br />
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
<br />to the Property which can attain priority over this Security Instrument, leasehold payments or ground
<br />rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
<br />extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
<br />
<br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
<br />Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
<br />
<br />f'\IEBRASKA - Single family - F~nll6e Mae/Frl!ddle Mac UNIFORM INSTRlJl\1f,:NT
<br />o 2004-2006 C()PYl'i~hl Compliance Systems, lnc. 2D26-DA50 - 2006.11 140
<br />Sin Ie Famil Real Estate. SeclInt Instrument DL2047
<br />
<br />Initials
<br />
<br />f'm"Il1J02R 1/(11
<br />www.complillncesystems.com
<br />8oq,;2~1"-_~~~2"- !':Uf.~L6"-~_~'
<br />
<br />PUM.3 of 10
<br />
|