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2oo9osio~ <br />payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept arty payment or partial <br />payment insufficient to bring the Loan current, without waiver of any rights hereunder ar prejudice to its rights to refuse such <br />payment or partial payments in the future, but Lender is not obligated to apply such payments at the tune such payments are <br />accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay 'interest an unapplied funds. <br />Lender may hold such unapplied funds ruttil Borrower makes payment to bring the Loan current. If Borrower does not do so <br />within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such <br />funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim <br />which Harrower rnighi have ltaw or in the future against I,ertdcr shall relieve Borrower from makutg payments due under the <br />Note and this Security Instnment or performing the covenants and agreements secured by this Security Instrument. <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted artd <br />applied by bender shall be applied in the following order of priority: (a) interost due under the Note; (b) principal due under the <br />Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it <br />became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security <br />Instrument, and then to reduce the principal balance of the Note. <br />If Lender receives a paytmetlt from Horrower for a delinquent Periodic Payment which includes a sufficient amount to pay <br />any late charge due, the payment may be applied to the delinquent payment and the late charge. If mare than one Periodic <br />Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, <br />artd to the extent. that, each payment can be paid in full. Tc> the extent that any excess exists after the payment is applied to the <br />filll payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments <br />shall be applied first to any prepayment charges artd then as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not <br />extend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Ttems. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until <br />the Note is paid in full, a sum (the "Funds") to provide for payment of arnounis due for: (a) taxes and assessments artd other <br />items which call attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments <br />or ground rents on the Property, if any; (c) premimns for any and all insurance required by Letlder under Section 5; and <br />(d) Mortgage Insurance premiums, if uty, or uty sums payable by Borrower to Lender in lieu of the payment of Mortgage <br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or <br />at any time during the terns of the Loan, Lender may require that Community Association Dues, Fees, artd Assessments, if arty, <br />be escrowed by Borrower, and such dues, fees artd assessments shall be an Escrow Item. Horrower shall promptly fiirnish to <br />Lender all notices of aunounts to be paid under this Section. Borrower shall pay Lender the Funds far Escrow items rutless <br />Lender waives Borrower's obligation to pay the Funds far any or all Escrow Items. Lender may waive Borrower's obligation to <br />pay to Lender Funds for ally or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such <br />waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of <br />Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within <br />such time period as Lender may require. Borrower's obligation to make such payments artd to provide receipts shall for all <br />purposes be deemed to be a covenant and agreement contained in this Security Itrstrnment, as the phrase "covenant and <br />agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower <br />fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount arld <br />Horrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to arty <br />or all Escrow Items at arty time by a notice given in accordutce with Section 15 and, upon such revocation, Borrower shall pay <br />to Lender all Funds, and in such amounts, that are then required under this Section 3. <br />Lender may, at any time, collect and hold Funds in alt amount (a) sufficient to permit Lender to apply the Funds at the <br />time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall <br />estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items <br />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 entity <br />(including bender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall <br />apply the Funds to pay the Escrow Items no later than the time specified under 12ESPA. Lender shall not charge Borrower for <br />holding and applying the Funds, annually analyzing dte 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 air agrxment is ni~lde in <br />writing or Applicable Law requires interest to be paid on ttte Funds, Lender shall not be required to pay Borrower any interest <br />or earrings on the Funds. Harrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. <br />NEBRASKA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT <br />Form 3028 U01 <br />OREATLANn M <br />ITEM T2686L4 (0306}-MFRS (Page 4 of 12 pages) To Order Call: 1.800.530.9393 O Fax: 616.791.1131 <br />asC~- <br />