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<br />Payments 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 l.,ender in accordance with the notice provisions in Section 15. Lender may return
<br />any payrnent or partial payment if the payment or partial payments are insufficient ta bring the Loan current. I.ender
<br />may accept any payrnent 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 pay�nents in the future, but I,ender is not
<br />obligated to apply such payments at the time 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. l..ender may hold such unapplied funds
<br />until Bonower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of
<br />time, Lender shall either apply such funds or retum thern to Borrower. If not applied eazlier, such funds will be
<br />applied to the outstanding principal balance under the Note imrnediately prior to foreclosure. No offset or claim
<br />which Borrower rnight have now or in the future against Lender shall relieve Borrower from making payrnents due
<br />under the Note and this Security Instrument or perfornung the covenants and agreements secured by this Security
<br />Tnstrument.
<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) principal due under the Note; (c) amounts due under Section 3. Such payrnents shall 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 other amaunts due under this Security Instrument, and then to reduce the principal balance of the Note.
<br />If Lender receives a payment from Borrawer for a delinquent Periadic Payment which includes a sufficient
<br />arnount to pay any late charge due, the payrnent may be applied to the delinquent payment and the late chazge. If
<br />more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
<br />repayrnent of the Periodic Payrnents if, and to the extent that, each payment can be paid in full. To the extent that
<br />any excess exists after the payment is applied to the full payment 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 prepayinent charges and then
<br />as described in the Note.
<br />Any application of payments, 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 Payrnents.
<br />3. F�wds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
<br />Note, until the Note is paid in full, a surn (the "Funds") to provide for payment of arnounts due for: (a) taxes and
<br />assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
<br />Property; (b) leasehold payrnents or ground rents on the Property, if any; (c) premiums far any and all insurance
<br />required by Lender under Section 5; and (d) Mortgage Insurance prenniums, if any, or any sums payable by Borrower
<br />to Lender in lieu of the payment af Mortgage Insurance premiums in accordance with the provisions of Section 10.
<br />These items are called "�scrow Items." At origination or at any time during the term of the Loan, Lender rnay require
<br />that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
<br />assessments shall be an�scrow Item, Borrower sha11 promptly furnish to Lender all notices of amounts to be paid
<br />under this Section. Borrower shall pay Lender the Funds for Escrow Ttems unless Lender waives Borrower's
<br />obligation to pay the Funds for any or all 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 only be in writing. In the event of such waiver,
<br />Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
<br />Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
<br />within such time period as l,ender may 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 Instrument, as the phrase
<br />"covenant and agrcement" is used in Sectian 9. If Borrower is obligated to pay Escrow Items directly, pursuant to
<br />a waiver, and Borrower fails to pay the amount due for an�scrow Item, Lender may exercise its rights under Section
<br />9 and pay such amount and Borrower shall then be obligated under Sectian 9 to repay to Lender any such amount.
<br />I.ender may revoke the waiver as to any or a11 Escrow Items at any time by a notice given in accordance with Section
<br />15 and, upon such revocation, Borrower sh�ll pay to Lender all Funds, and in such amounts, that are then required
<br />under this Section 3.
<br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pernut I.ender to apply the Funds
<br />at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA.
<br />Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures
<br />of future Escrpw Items or otherwise in accordance with Applicable Law.
<br />The Funds shall be held in an institution whose deposits are insured by a feder�l agency, instrumentality, or
<br />entity (including I.ender, if L,�nder is an institution whose deposits are so insured) or in any Federal Home Lnan
<br />Bank, Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. J ender
<br />shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
<br />the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable T..aw pertnits Lender to make
<br />such a charge. Unless an agreement is nnade in writing or Applicable Law requires interest to be paid on the Funds,
<br />Lender shall not be required to pay Borrower any interest or earnings on the Funds. Barrowex and I.ender can agree
<br />in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an
<br />annual accounting of the Funds as required by RESPA.
<br />If there is a surplus af Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for
<br />the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined undex RESPA,
<br />Lender shall notify Borrower as required by R�SPA, and Borrower shall pay to Lender the arnount necessary to make
<br />up the shortage in accordance with R�SPA, but in no more than 12 rnonthly payments. If there is a deficiency of
<br />Funds held in escrow, as defined under RESPA, Lender shall nptify Borrower as required by RESPA, and Borrower
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<br />NEBRASKA--Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT DocMagic �
<br />Form 3028 1/01 Page 3 of 11 www.do
<br />Ne3028.dot.xml
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