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,". 200900746 Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designa~ by Lender in acco~dance with the ~otice p.rovisio~ in Section 15. Lender may return any payment or partial payment If the payment or parbal payments are insufficIent to ~rlng the Lo~ cWTent Lender may~cept any payment or partial payment insufficient to bring the Loan cWTent, without Waiver of any nghts hereunder or prejudice to its rIghts to refuse such payment or partial pa~~n1s in the f?ture, ~ut Lend~r is not obligated to apply such payments at the time such payments are accepted. If each Penodlc Payme~t IS apphed ~ of Its scheduled due date, then ~der need not pay interest on unapplied funds. Lender may hold such unapphed funds until Borrower makes payment to bnngthe Loan current If Borrower does not do so within a reasonable period oftime, Lender shall either apply such funds or return them to Borrower. Ifnot applied earlier, such funds w.iIl be applied to ~e outstanding pri!Icipal balance ~derthe Note imrnedj~ly prior to foreclosure. No oflSet or claim WhICh Borrower might have now or m the future agamst Lender shall reheve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by !his Security Instrument. .' .. . 2. Application of Payments or Proceeds. Except as otherwISe deSCrIbed 10 tillS Section 2, all payments accepted and applied by Lender shall be applied in the f?llowing order of priority: (a) int~rest due un~er .the Note; (b) principal due under the Note; ( c) amoWlts due under SectIon 3. Such payntents shan be applIed to each Penodlc Payment in the order in 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 Penodic Payment which includes a sufficient amount to pay any late charge due, the payment maybe applied to the delinquent payment and the late charge. Ifmore than one Periodic Pa)'Illent is outstanding. Lender may apply any p~~ent received from Borrower to the rep.ayment of the Period~c Payments it; and to the extent that, each payment ean 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. V oluntmy prepayments shall be applied first to any prepayment charges and then as described in the Note. Any app heation of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the iiue date, or change the amount, ofthe Periodic Payments. 3. Funds for Escrow I terns. Borrower shall pay to Lender on the day Periodic Pa~ents are due under the Note, until the Note is paid in full, a sum (the "Funds") to prOVIde for payment ofamo.un. ts 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 Propert,Y., if any; ( c) premiums for any and all insurance re<Juired by Lender under Section 5; and (d) Mortg~e Insurance premiums, If any, or any sums payable by Borrower to Lender m lieu oIthe payment ofMortgage Insurance premIums in accordance with the provisions ofgection 10. These items are called "Escrow Items." At origination or at anytime during the tenn 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 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 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 in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amoun1s 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 make 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 aw.eement" is used in Section 9. If Borrower is Db ligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fuds to pay the amount due for an Escrow Item, Lender may exercise its ritmts under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any sucn amount Lender may revoke the waiver as to any or all Escrow Items at anytime 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 3. Lender may, at anytime, collect and hold Funds in an amount (a) sufficient to pennitLenderto apply the Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount ofFunds due on the basis of current data and reasonable estimates of expenditures offuture 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, instnunentality, 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 RESP A. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifYing the Escrow Items, unless Lender pays Borrower interest on tho Funds and Applicable Law pennits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires mterest to be paid on the Funds, Lender shall 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 annualaccounting of the Funds as required byRESPA. 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 RESP A. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender shall notifY Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make uR the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notifY Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptlyrefund to Borrower any Funds held by Lender. 4. . Charges~ Lie~s.. Borrowe~ shall p~y all taxes, assessments, charges, fines, and impositions attnbulableto the PropcftywhlCh can atlam prtonty over thIS Secunty Instrument, leasehold payments or ground rents on the Property if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, &rrower shall pay them in the manner provided in Section 3. Borrower shall promptly dischar~e any lien which has priority over this Security Instrument unless Borrower: (a) agrees in ~ting to t!te payment of the obltgation secured ~y ~e lien in .a manner acceptable .to Lender, but only so long as Borrower IS p~nn~g st}ch agrmpent;. (l?) contests the hen In good fuith by, or defends ~t enforcement of the lien in, legal.proceedmgs w~lch m Lender ~ opmlOn operate to prevent the enforcement of the h~ while those proceedings are pending. but o~.Iy ~td suc~ proc~mgs ~ concluded; or ( c) secures from !he holder of the hen an agreement. satismctoryto ~nder :;ubordtnatlpg ~e l,1en to thIS. Secunty Instrument. If Lender dete~lnes that any Pm:: o~the ~roperty IS subject to a hen WhICh can atta10 prtonty over thiS Security Instrwnent, Lender may gIve Borrower a notice IdentifYing the lien. Within 10 days of the date on which that notice is given, Borrower shall satistythe lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property i!1so/ed against loss by fire, hazards included within the tenn "extended coverage," and any other hazards including but not hmited to, earthquakes and floods, for which Lender requires insurance. This insuranco shall be maintained in the amounts (including deductible leve!s) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can. change durlDr th.e tenn of the Loan. The insurance carrier providina the insurance shall be chosen by Borrower subject to Lender s right to disapprove Borrower's choice, which right shall not be exercised unreasonably. NEBRASKA-8ingle Family-Fannie MacIFrcddle Mac UNIFORM INSTRUMENT 97S4.CV (1/03) 4300101223 Form 3028 1101 (page 3 0/8 pages) Creative Thinking. Inc. GOTO(OOId32fb) ./