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RE- RECORDED
<br />200900014
<br />200807176
<br />obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
<br />its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied
<br />funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable
<br />period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds
<br />will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or
<br />claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments
<br />due under the Note and this Security Instrument or performing the covenants and agreements secured by this
<br />Security Instrument.
<br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
<br />accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
<br />(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
<br />Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
<br />to any other amounts due under this Security 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
<br />amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
<br />more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
<br />repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
<br />any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess
<br />may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and
<br />then as described in the Note.
<br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
<br />Note shall not 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
<br />the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and
<br />assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
<br />Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
<br />required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by
<br />Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of
<br />Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan,
<br />Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower,
<br />and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices
<br />of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender
<br />waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
<br />obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing.
<br />In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow
<br />Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender
<br />receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make
<br />such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in
<br />this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to
<br />pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
<br />Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under
<br />Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any
<br />time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all
<br />Funds, and in such amounts, that are then required under this Section 3.
<br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
<br />Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under
<br />RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of
<br />expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
<br />entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
<br />Nebraska Deed of trust— Single Family— Fannie Mae/Freddie Mae Uniform Instrument Form 30281/01
<br />MERS Modified
<br />The Compliance Source, Inc. Page 4 of 13 Modified by Compliance Source 14301 NE 08/00 Rev. 04/08
<br />www.compliancesource.com 02000, The Compliance Source, Inc.
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