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;-------."...." ! ..."---\ ~00903637 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 retuOl any payment or partial payment ifthe payment or partial payments are insuft1cient to bring the Loan current. Lender may accept ~ny payment or partial payment insuft1c~ent to bring t\le Loan current, without waiver of any rights hereunder or prejudice to I~S nghts to refuse such payment or partial paytT!ents 111 the future, but Lender is I. lOt obligated to apply such payments at the tnne such payments are accepted. If each Penodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Le~d~r may hold such un~pplied .funds until Borrower makes payment to bring the I ,lllll1 current. If Borrower does not do so wlthm a reasonable penod of tllne, Lender shall either apply such funds or return them to B<;,rrower. Ifnot applied earlier, such fl!-nds will be applied to the outstanding principal balance under the Note immediately pnor to foreclosure. No offset or claIm which Borrower might have now or in the future against Lender shall rclieve Borrower from making l?ayments due under the Note and this Security Instrument or perfonning the covenants and agreements secured by thIS Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accep~ed. and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) pnnclpal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment III 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 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 Items. 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 ofthe 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 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 BOlTower'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 Henis at any time. Any such waiver may only be in writing. Inthe event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Hems 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 Instmment, as the phrase "covenant and a~eement" is used in Section 9. If BOlTower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower falls 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 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 any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESP A, and (b) not to exceed the maximum llmounl a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expend it UTeS 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, 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 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 the Funds and Applicable Law pennits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest 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 annual accounting of the Funds as required by RESPA. Ifthere 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 RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lenderthe amount necessary to make up 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 RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security 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, Borrower 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 ~riting to t~e payment of the obh~ation secured .by ~he lien in.a manner acceptable .to Lender, but only so l<;,ng .as Borrower IS performmg such agreement; (b) contests the hen m good faith by, or defends agamst enforcement of the hen m, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lie~J while those proce~dings are pending, but only until suc~ proceec:Iings ar~ concluded; or (c) secures from t~e holder ofthe hen an agreement .satls~ctory to ~ender .subordinati!lg t~e 1.len to thIS. S~cunty Instrument. I f I .ender dete~mmes that any part o~the ~roperty IS ~ubJect. to. a hen wluch can altam pnonty over tlus Secunty Instrument, I "ender may give Borrower a notice IdentifyIng the. hen. Wltlun 10 days ofthe datc on which that notice is given, HOf\"ower shall satisfy the lien or take one or more ofthe actlOns 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 erect~d ont~e Properly insured against loss by tire, hazards included within the te!lll ':extended cov~rage," and any other ha~ar~s 1l1c~udltlg, but not limited to, earthquakes and floods, for which ~ender reqUires msura!Jce. ThiS msurance shal~ be mamtamed m the amou.nts (including deductible levels) and for the penods that Lend.er reqUIres. "Yhat Lel~d~r reqUl!es pursuant to the precedmg sentences can change durin~ th.e term o.f the Loan. The 1l1~uranc.e cam~r pr<;)vldmg the msurance ~hall be chosen by Borrower subject to Lender s nght to disapprove Borrower s chOice, whICh nght shall not be exercIsed unreasonably. NEBRASKA--Singlc Family--Fannle Mac/Frcddle Mac UNIFORM INSTRUMF:NT 9754.CV (1/O~) 6898726040 .Form 3028 1101 (page 3 0/8 pages) Creative Thinklllg, tile. OOTO(OO I fM49)