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2oioo�43i <br />BORROWER CQVENANTS that Bprrower is lawfully seised of the estate hereby conveyed and has <br />the right ta grant and convey the Property and that the Property is unencumbered, except for encumbrances <br />of record. Borrower warrants and will defend generally the title to the Property against a11 claims and <br />demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniforrn <br />covenants with limited variations by jurisdiction ta constitute a uniform security instrument covering rea� <br />property. <br />UNIFORM COVENANTS. Borrawer and Lender covenant and agree as follo�vs: <br />l. Payment oF Principal, Ipterest, Escrow Items, Prepayment Charges, and Late Charges. <br />Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any <br />prepayrnent charges and late charges due under the Note. Borrower shall also pay funds Por Escrow Ttems <br />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 <br />Security Instrument is returned to L.ender unpaid, I.ender may require that any or all subsequent payrnents <br />due under the Note and this Security Instrument be made in pne or rnore of the following forms, as <br />selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check ar <br />cashier's check, provided any such check is drawn upon an institution whose depasits are insured by a <br />federal agency, instrumentality, or entity; or (d) �lectronic Funds Transfer. <br />Payments are deemed received by L.ender when received at the location designated in the Note or at <br />such other location as may be designated by I.,ender in accordance with the notice provisions in Section 15. <br />L.ender may return any payment or partial payment if the payment or partial payments are insufficient to <br />bring the Loan current. Lendex may accept any payment or partial payment insuf�cient to bring the Loan <br />current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial <br />payments in the future, but L.ender is not obligated to apply such payments at the time such payments are <br />accepted. If each Periadic 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 <br />the Loan current. If Borcower does not do so within a reasonable period of time, Lender shall either apply <br />such funds or retum them tp Bprrower. Tf nat applied earlier, such funds will be applied to the outstandin� <br />principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower <br />might have now or in the future against Lender shall relieve Barrower from making payments due under <br />the Note and this Security Instrument or performing the covenants and agreements secursd by this Security <br />Instrument. <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all <br />payments accepted and applied by Lender shall be applied in the following order of priority: (a) intexest <br />due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payrnents <br />shall be applied to each Periodic Payrnent 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 Tnstrument, and <br />then to reduce the principal balance of the Note. <br />If T.,ender receives a payment from Borrower for a delinquent Periodic Payment which includes a <br />sufficient amount to pay any late charge due, the payrnent rnay be applied to the delinquent payment and <br />the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received <br />from Borcower to the repaymenC of the Periodic Fayments if, and to the extent that, each payment can be <br />paid in full. Ta the extent that any excess exists after the payrnent is applied to the full payment of one or <br />more Feriodic Payments, such excess may be applied to any late charges due. Valuntary prepayments shall <br />be applied first to any prepayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under <br />the Note shall nat extend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Ftinds for Escrow Items. Borrower shall pay to Lender on the day Periodic Paynnents are due <br />under the Note, until the Note is paid in full, a sum (the "�unds") tp prpvide for payment of amounts due <br />for: (a) taxes and assessments and other items which can atCain priority over this Security Instrument as a <br />lien 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 I.ender under Section 5; and (d) Mortgage Insurance <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS <br />�-6AINE1 coaioi Page 4 of 16 iniciais: �_ Form 3028 9/09 <br />III IIIIIIIII IIIIIIIIIII IIIIIIII IIIIIII II�III II III <br />