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200805387 V3 K8CD LOA5 . 502142852 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unifonn covenants with limited variations by Jurisdiction to constitute a unlfonn security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Intereat, Escrow Itema, Prepayment Charge., and Lata 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 S. Payments due under the Note and this Security Instrument shall be made In U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security 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 ofthe following 10nns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check Is drawn upon an Insmutlon whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notiCe provisions In Section 15. Lender may return any payment or partial payment If the payment or partial payments are Insufficient to bring the Loan current. Lender may accept any payment or partial payment Insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments In the future, but Lender 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, thlln Lender need not pay Interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment 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 due under the Note and this Security instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or ProcHda. Except as otherwise described in this Section 2, all payments accepted and applied by Lender ,hall be applied In the following order of priority: (a) Intarest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the orderln which it became dUe. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives 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 Borrower 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 payment 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 proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Itllm.. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note 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 encumbrance on the Property; (b) leasehold payments or ground rents 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 Insull!lnce premiums In accordance with the provisions of Section 10. These items are called "Escrow Items. .. At origination or atany 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 assessments shall be an Escrow hem. 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 Lender waives 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 Items at any time. Any such waiver may only be inwriting. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to maklil such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained In this Security Instrument, as the phrase "covenant and agreement" Is used in Section 9. If Borrower Is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay 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 Funds, and in such amounts, that are then required under this Section S. Lender may, at any time, collect and hold Funds In an amount (a) sufficient to permit Lender to apply the Funds at the time specified under AESPA, and (b) not to exceed the maximum amount a iender can requIre under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures 01 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 (including 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 AESPA. Lender shall not charge Borrower for hoiding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Law pennits Lender to make such a charge, Unless an agreement is made in writing or Applicable Law requires Interestto be paid on the Funds, Lendershall not be required to pay Borrower any interest 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 AESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there Is a shortage of Funds held in escrow, as defined under RES~I6.' Len r ~ NEBRASKA-Slngle FamIly-Fannie Maa/Fraddl. Ma.. UNIFORIIIINSTRUMENT F....", 8028 1/01 In! to!_l. I~ _ 01999-2007 Online DocUmentlI, Inc. Page 3 of 9 NEEDEED 0 06-17-2008 10126 -/7--lJS