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<br /> to the Property against all claims and demands, subject to any encumbrances of record.,,. 2 0 0 9 0 9 5 5 2
<br /> THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by
<br /> jurisdiction to constitute a uniform security instrument. covering real property.,,
<br /> UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
<br /> 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges: Borrower shall pay when due the principal
<br /> of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note, Borrower shall also
<br /> pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
<br /> currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned
<br /> to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one
<br /> or more of the following forms, as selected by Lender; (a); cash; (b) money order; (c, certified check, bank check, treasurer's check or
<br /> cashier's check, provided any such check is drawn upon an,,instltution whose de sits are insured by a federal agency, instrumentality, or
<br /> antity;'or (d) Electronic Funds Transfer.
<br /> Payments are deemed received by Lender when received at the location des gna d in the Note or at such other location as may be
<br /> designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment If the
<br /> payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to
<br /> bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the
<br /> future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied
<br /> as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower
<br /> makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such
<br /> funds or return them to Borrower, If not applied earlier, such funds will be applied to the outstanding principal balance under the Note
<br /> immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower
<br /> from making payments 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 accepted and applied by
<br /> Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due
<br /> under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
<br /> shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
<br /> balance of the Note.
<br /> If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late
<br /> charge due, the. payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding,
<br /> Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment
<br /> 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;
<br /> such excess may, be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as
<br /> described in the Note.
<br /> Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or
<br /> 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 the Note, until the Note is paid
<br /> 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
<br /> over this Security Instrument as alien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
<br /> premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage insurance premiums, if any, or'sny sums payable
<br /> by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These
<br /> items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community
<br /> Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow
<br /> Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds
<br /> for Escrow Items unless Lender 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. In the event of such
<br /> waiver, Borrower shall pay directly, vyhen_ and where payable, the amounts due for any Escrow Items for which payment of Funds has been
<br /> waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may
<br /> require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and
<br /> agreement contained in 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, Lender may exercise its
<br /> rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount.
<br /> Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such
<br /> revocation, Borrower shall pay 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 an amount (a) sufficient to permit Lender to apply the Funds at the time specified
<br /> under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds
<br /> due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with
<br /> Applicable Law.
<br /> The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if
<br /> Lender is an institution whose deposits are so insured) or in any Federal Home Loan Rank. Lender shall apply the Funds to pay the Escrow
<br /> items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
<br /> analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law
<br /> permits Lender to make such a charge. , Unless an agreement is made in writing or Applicable Lew requires interest to be paid on the
<br /> Funds, Lender shall not be required to pa.y Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing,
<br /> however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as
<br /> 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 excess funds in
<br /> accordance with RESPA. If there is a shortage of Funds hold in escrow, as defined under RESPA, Lender shall notify Borrower as required
<br /> by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more
<br /> than 12 monthly payments, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as
<br /> required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in
<br /> no more than 12 monthly payments.
<br /> Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by
<br /> Lender.
<br /> 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can
<br /> attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues,
<br /> Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shell pay them in the manner provided in
<br /> Section 3.
<br /> Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to
<br /> the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such
<br /> agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion
<br /> operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c)
<br /> secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
<br /> determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give
<br /> Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one
<br /> or more of the actions set forth above in this Section 4.
<br /> Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in
<br /> connection with this Loan,
<br /> 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss
<br /> by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods,
<br /> for which Lender requires insurance. This insurance shall be maintained in'the amounts (including deductible levels) and for the periods
<br /> NEBRASKA-Single Family-Fannia Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028.1/01
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