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<br />2oo9oss4s <br />Payments are deemed received by Lender when received at the location designated in the Note or at such other <br />location as maybe designated by Lender in accordance with the notice provisions in Section 15. Lender may return any <br />payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender mayaccept <br />any payment or partial payment insufficient tv bring the Loan curcent, without waiver of any rights hereunder or prejudice to <br />its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the <br />time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay <br />interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Load curcent. <br />If Borrower does not do sv within a reasonable period of time, Lender shall either apply such funds of return them to <br />Borcower. If not applied earlier, such funds will be applied tv the outstanding principal balance under the Note immediately <br />prior to foreclosure. No offset or claim which Borcower might have now or in the future against Lender shall relieve <br />Borcower from making payments due under the Note and this Security Instrument or performing the covenants and <br />agreements secured by thts 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 vrder of priority (a) interest due under the Nvte; <br />(b) rind al due under the Nate; (c) amounts due under Section 3.5uch payments shall be applied to each Periodic Payment <br />in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other <br />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 Pettodic Payment which includes a sufficient amount <br />to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one <br />Periodic a ent is outstanding, Lender may apply any payment received from Burrower tv the repayment of the Periodic <br />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 <br />applied to the full payment of one or more Periodic Payments, such excess maybe applied to any late charges due. Voluntary <br />prepayments shall be applied first to any prepayment charges .and then as described in the Note. <br />Any application ofpayments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note <br />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 bender on the day Periodic Pa vents are due underthe Note, <br />until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and <br />other items which can attain priority over this Security Instmment as a lien or encumbrance on the Property; (b) leasehold <br />payments or ground rents on the Property, if any; (c) premiums for any and all insurance requited by Lender under Section 5; <br />and (d) Mortgage Insurance premiums, if any, or any sums payable by Borcower to Lender in lieu otythe payment of Mortgage <br />Insurance premmms in accordance with the provisions of Section 10. These items ate called "Escrow Items." At origination <br />or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if <br />any, be escrowed by Burrower, and such dues, fees and assessments shall be an Escrow item, Borcower shall promptly <br />furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds For 1/scrow Items <br />unless Lender waives Borrower's obligation to pay the Funds fur any or all Escrvw Items. Lender mayy waive Borrower's <br />obligation to pay to Lender Funds fvt any or all Escrow Items at any time, Any such waiver may only be in writing. In the <br />event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Fscrow Items for which <br />payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such <br />payment within such time period as Lender may require. Bvrcower's obligation to make such payments and to provide <br />receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase <br />"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directlyy, pursuant to a waiver, <br />and Borrower Earls to pay the amount due for an Escrow Item, Lender may exercise its rights under Sectivn 9 and pay such <br />amount and Borcower shall then be obligated under Sectivn 9 to repay to Lender any such amount. Lender may revoke the <br />waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 1 S and, upon such revocation, <br />$orrower shall pay tv 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 an amount (a) sufficient to permit Lender to appplythe Funds at <br />the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RIiSPA. Lender <br />shall estimate the amount of Funds due on the basis of current data and reasonable estimates ofexpenditures offuture Escrow <br />Items or otherwise in accordance with Applicable Law. <br />The Funds shall beheld in an institution whose depvsits ate insured by a federal agenvy, instmmentality, or entity <br />(including Lender, if Lender is an institution whose deposits arc 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 RESPA. Lender shall nut charge Borrower <br />for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender <br />pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is <br />made in writing or Applicable Law toyuires interest to be paid on the Funds, Lender shall not be required tv ppay Borrower <br />any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the <br />Funds. Lender shall give to Borcower, without charge, an annual accounting of the Funds as required by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the <br />excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender <br />shall notify Borcower as required by RESPA, and Borcower shall pay to bender the amount necessary to make up the <br />shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in <br />escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall payto Leader the <br />amount necessary to make up the deficiency in accordance with RESPA, but in nn more than 12 monthly payments. <br />Upon payment in full of all sums secured by this Security Instrument, Lender shall ptornptlyrefund to Borrower any <br />Funds held by Lender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the <br />Property which can attain priority over this Security Instmment, leasehold payments or ground rents on the Property, if any, <br />and Community Association Dues, Fees, and Assessments, if any. Tv the extent that these items ate Escrvw Items, Borrower <br />shall pay them in the manner provided in Section 3. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Barcower: (a) <br />agrees in writing to the payment of the obli ation secured by the lien in a manner acceptable to Lender, but only so long as <br />Borrower is performing such agreement; (b~ contests the lien in good faith by, yr defends against enforcement of the lien in, <br />legal proceedings which in Lender's opinion operate to prevent the enforcement of the hen while those proceedings are <br />pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactoryto <br />Lender subordinating the lien to this Security Instrument. if Lender determines that any part of the Property is subject to a <br />lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within <br />I 0 days of the date on which that notice is given, Borcower shall satisfy the lien or take one or mare of the actions set forth <br />above in this Section 4, <br />Lender may require Borrower tv pay cone-time charge for a real estate tax verification and/or reporting service <br />used by Lender in connection with this Loan. <br />5. Property Insurance. Borcowet shall keep the improvements nvw existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not <br />limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts <br />(including deductible levels) and fur the eriods that Lender requires. What Lender requires pursuant tv the preceding <br />sentences can change during the term ofpthe Loan. The insurance carrier providing the insurance shall be chosen by <br />Borcower subject to Lender s tight to disapprove Borrower's choice, which right shall not be exercised unreasonably. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mse UNIFORM INSTRUMENT Form 3028 1/Ol (page 3 qfN pngec) <br />97S4.CV (3lUV) 68987R244U Creative Thinking, Inc. <br />coro(oozias7v> <br />