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<br />anypayment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder yr 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 riot pay
<br />interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Lvan cu-reni.
<br />If Bvrrvwer does not do so within a reasonable periv of time, Lender shall either apply such funds or return them to
<br />Borrower. Ifnot applied earlier, such funds will he applied to the vutstanding principal balance under the Note immediately
<br />prior to foreclosure. Nv offset or claim which Borrower might have now or in the future against Lender shall relieve
<br />Borrower from making payments due under the Note and this Security Instrument ar performing the covenants and
<br />agreements secured by this 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 order of priority: (a) interest due under the Note;
<br />(b) rindpal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment
<br />m the order in which it hecame due. Any remaining amounts shall be applied first to late charges, second to arty 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 Periodic 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 Payttient is vutstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic
<br />Payments it, and to the extent that, each payment can be paid in fidl. "I'o the extent that any excess exists alter the payment is
<br />applied to the full payment of one yr more Pertodic Payments, such excess may he applied tv any late charges due. Voluntary
<br />prepayments shall be applied first to any prepayment charges and then as described m the Note.
<br />Any application vfpayments, insurance proceeds, yr Miscellaneous Proceeds to principal due under theNote
<br />shall not extend yr postpone the due date, ar change the amount, of the Periodic Payments.
<br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Pa}nnent<s are due under theNote,
<br />until the Note is paid in full, a sum (the "Funds") to provide for payment ofamounts due tor: (a) taxes and assessments and
<br />other items which can attain priority over this Security Instrument as a lien yr encumbrance on the Property; (h) leasehold
<br />payments or ground rents vn the Property, if any; (c) premiums for any and all insurance required byy Lender under Section 5;
<br />and (d) Mortgage Insurance premiums, if any, or any sums payable by Burrower to Lender in lieu ofthe paym[~ttt ofMor[gage
<br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination
<br />or at any time during the term ofthe Loan, Lender may require that Community Association Dues, Fees, and Assessments, if
<br />any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly
<br />furnish to Lender all notices of amounts iv be paid under this Section. Borrvwer shall pay Lender the Funds for Escrow Items
<br />unless Lender waives Borrower's obligation to pay the Funds fur any or all L'scrow items. Lender mayy waive Borrower's
<br />obligativn to pay tv Lender Funds for any yr all Escrow Items at any time. Any such waiver may only be in writing. In the
<br />event of such waiver, Bvrrvwer shall ppay directly, when and where payable, the amounts due for any Escrow Items fur 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. Borrower's obligativn to make such payments and to provide
<br />receipts shall for all purposes be deemed to he a covenant and agreement contained m this Security Instrument, as the phrase
<br />"covenant and agreement" is used in Section 9. if Burrower is obliggated to pay Escrow Items directly, pursuant to a waiver,
<br />and Borrower fails to pay rho amount due fur an Escrow Item, fender may exercise its rights under Sectivn 9 and pay such
<br />amount and Borrower shall then be obligated tinder Section 9 to repay to Lender any such amount. Lender may revoke the
<br />waiver as tv any or all Escrow Items at airy time by a notice given in accordance with Section 15 and, upon such revocation,
<br />Borrower shall pay to Lender all Funds, and in such amounts, that are then reqyuired under this Sectivn 3.
<br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at
<br />the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Fender
<br />shall estimate the amount ofFunds due on the basis ofcurrent data and reasonable estimates ofexpendihtres offiitw~e Escrvw
<br />Items or otherwise in accordance with Applicable I.aw.
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, yr entity
<br />(including Lender, if Lender is an institution whose deposits are sv insured) yr in any Federal Home Loan Bank. Lender shall
<br />apply the Funds tv pay the Escrow Items nv later than the time specified under RESPA. Lender shall not charge Burrower
<br />fur holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Fender
<br />pays Borrower interest vn the Funds and Applicable Law permits Lender to make such a charge. l.Jnless an agreement is
<br />made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Burrower
<br />any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall he paid on the
<br />Funds. Lender shall give to Borrvwer, without charge, an annual accounting of the Funds as required by RESPA.
<br />if there is a surplus of Funds held in escrvw, as defined under RESPA, Lender shall account to Burrower for the
<br />excess funds in accvrdance with RESPA. If there is a shortage of l~ unds held in escrvw, as defined under RESPA, Lender
<br />shall notify Borrower as required by RL:SPA, and Borrower shall pay to Lender flit 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 Bvrrvwer as required by RESPA, and Burrower shall pay to Lender the
<br />amount necessary tv make up the deficiency in accordance with RESPA, but to no mere than 12 monthly payments.
<br />LJpon payment in full ofall sums secured by this Security Instrument, Lender shall promptly refund tv Borrvwer any
<br />Funds held by Lender.
<br />4. Charges; Liens. Borrvwer shall pay all taxes, assessments, charges, fines, and impvsitivns attributable to the
<br />Property which can attain priority over this Security Instrument, leasehold payments yr ground rents on the Property, if any,
<br />and Community Association Dues, Fees, and Assessments, if any. "I v the extent that these items are Escrow Items, Borrower
<br />shall pay them m the manner provided in Section 3.
<br />Burrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
<br />agrees in writing tv the payment ofthe obligativn secured by the lien in a manner acceptable to Lender, but only so lung as
<br />Borrower is performing such agreement; (h) contests the lien in good faith by, or defends against enforcement vfthe lien m,
<br />legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are
<br />pending, but only until such proceedings are concluded; or (c) secures from the holder ofthe lien an agreement satisfactory to
<br />Lender subordinating the lien to this Security Instntment. 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 Burrower a notice identifying the lien. Within
<br />10 days of the date on which that notice is given, Bonrower shall satisfy the lien or take one or more of the actions set forth
<br />above in this Sectivn 4.
<br />Lender may require Borrower to pay aone-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. Borrower shall keep the improvements now 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 nut
<br />limited to, earthquakes and floods, fur which Lender requires insurance. 'T'his insurance shall be maintained in the amounts
<br />(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
<br />sentences can change during the term of the Lvan. The insurance carrier providing the insurance shall be chosen by
<br />Borrvwer subject to Lender's right to disapprove Borrower's choice, which right shall not he exercised unreasonably.
<br />Lender may require Bvrrvwer to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
<br />determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification
<br />services and subsequent charges each time remappings or similar changes occur which reasonably might affect such
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRLIMEN'I' (HERS) Form 3028 1/Dt (page 3 of 8 pages)
<br />12a39.CV (11/07) 6898920140 Creative Thinking, Inc.
<br />GOTG(002988ll1)
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