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R�-RECORDED 2 o i o u� 4 i 2 <br />�oioo�ssi <br />' THIS SECURITY INSTRi7MENT cornbines uniform covenants for nationai use and non-uniform covenants with <br />limited variations by jurisdiction to constitute a unifornn security instrun�ent covering real property. <br />UNIFORM COVENANTS. Borrower and L,ender covenant and agree as follows: <br />1. Payment oFPrincipal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall <br />pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late <br />charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant ta Section 3. Payments due <br />under the Not� and this Security Instrument shall be made in U.S. currency. However, if any check or other <br />instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, <br />L.ender may require that any or a11 subsequent payments due under the Note and this Security Instrument be made in <br />one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, <br />treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured <br />by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. <br />Paym�nts are deemed received by Lender when received at the location designated in the Note or at such other <br />location as may be designated by Lender in accordance with the notice provisions in Section 15. L.ender rnay return <br />any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender <br />may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights <br />hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not <br />obligated to apply such payrnents at the tirne such payments are accepted. If each Periodic Payment is applied as of <br />its scheduled due date, then Lender need not pay interest on unapplied funds. I.ender may hold such unapplied funds <br />until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of <br />time, Lende;r shall either apply such funds or return thenn to Borrower. [f not applied earlier, such funds will be <br />applied to the outstanding principal balance under the Note imrnediately prior to foreclasure. No offset or claim <br />which Borrower might have now or in the future against I.ender shall relieve Borrower from making payments due <br />under the Note and this Security Instrument or perfarming the covenants and agreements secured by this Security <br />lnstrurnent. <br />2. Application of Payments or Proceeds. Except as otherwise described in this Sectian 2, all payments <br />accepted and applied by L.ender shall be applied in the following order of priority: (a) interest due under the Note; <br />(b) principal due under the Note; (c) amounts due under Section 3. Suck� payments sk►all be applied to each Periodic <br />Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second <br />to any ather amounts due under this Security Instrument, and then to reduce the principal balance of the Note. <br />If Lender receives a payment frorn Borrower for a delinquent Periodic Payment which includes a sufficient <br />arnaunt to pay any late charge due, the payment may be applied to the delinquent paynnent and the late charge. If <br />more than one Periodic Payment is outstanding, �,ender may apply azay payment received from Borrower to the <br />repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that <br />any excess exists after the payrnent is applied to the full payrnent of one or more Periodic Payments, such excess may <br />be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then <br />as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneaus Proceeds to principal due under the Note <br />shall not extend or postpone the due date, or change the amaunt, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to L.ender on the day Periodic Payments are due under the <br />Note, until the Note is paid in full, a sum (the "�unds") to provide for payment of amounts due for: (a) taxes and <br />assessments and other items which can attain priority over this Security Instru�x►ent as a lien or encumbrance an the <br />Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance <br />required by Lender under Section 5; and (d) Mortgage Insurance prerniums, if any, or any sums payable by Borrower <br />to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the pxovisions of Section 10, <br />These items are called "Escrow Itetns. " At origination or at any time during the term of the Loan, Lender may require <br />that Community Association bues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and <br />assessments shall be an �scrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid <br />under this Section. Borrower sha11 pay Lender the Funds for Escrow Items utiless Lender waives Borrower's <br />obligatian to pay the Funds for any or a11 Escrow Items. Lender may waive Borrower's obligation to pay to Lender <br />Funds for any or all Escrow Items at any time. Any such waiver may anly be in writing. In the event of such waiver, <br />Borrower shall pay directly, when and where payable, the amounts due far any Escrow Items for which payment of <br />Funds has been waived by I.,ender and, if Lender requires, shall furnish to L,ender receipts evidencing such payment <br />within such time period as Lender znay require. Borrower's obligation to make such payments and to provide receipts <br />shall for all purposes be deemed to be a covenant and agreement contained in this Security Instruznent, as the phrase <br />"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Iterns directly, pursuant to <br />a waiver, aztd Borrower fails to pay the amount due for an Escrow ICem, Lender may exercise its rights under Section <br />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 ltems at any time by a notice given in accordance with Section <br />1S and, upon such revocation, Borrowez' shall pay to Lender all Fuatds, and in such arnounts, that are then required <br />under this Section 3. <br />Lender rnay, at any time, collect and hold Funds in an amount (a) sufficient to pertnit Lender Co apply the Funds <br />at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under R�SPA. <br />Lender shall estirnate the amount of �'unds due on the basis of current data and reasonable estimates of expenditures <br />of future Escrow ltems or otherwise in accordance with Applicable L,aw. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMEN7' - MERS <br />Form 3028 1/01 Page 3 of 1 1 <br />DocMagic �� aoo-sas-rss2 <br />�� www.docmagfc.com <br />� <br />Ne3028.mzd.�unl <br />