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<br />
<br /> . RE-RECORDED
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<br /> 201008260 201007985
<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
<br /> or 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
<br /> paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain
<br /> priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if
<br /> any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums
<br /> payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.
<br /> These 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 Item.
<br /> Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for
<br /> 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, when 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
<br /> specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount
<br /> of Funds 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
<br /> Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay
<br /> the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,
<br /> annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
<br /> Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the
<br /> Funds, Lender shall not be required to pay 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 held 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
<br /> can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association
<br /> Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall 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
<br /> to 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
<br /> Lender in connection with this Loan.
<br /> 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against
<br /> loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and
<br /> floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the
<br /> periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The
<br /> insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which
<br /> right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge
<br /> for flood zone 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 determination or
<br /> certification. Borrower shall also be responsible for the payment of any fees imposed by "the Federal Emergency Management Agency in
<br /> connection with the review of any flood zone determination resulting from an objection by Borrower.
<br /> If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and
<br /> Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall
<br /> cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
<br /> hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the
<br /> insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed
<br /> by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear
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<br /> NEBRASKA -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS F 3028 0
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<br /> IDS, inc. Borrower(s) Initials
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