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20100864b
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<br />anypayxnent or partial payment insu�cient to bring thc Loan current, without waiver of any rights hereunder or prejudice to
<br />its nghts tcr refuse such payxnent or partial pa�►nents �n the future, but Lendex is not obligated to apply such payments at the
<br />time such payments are accepted. If each Penodic Payment is applied as afits scheduled due date, then Lender neednotpay
<br />interest on unapplicd funds. Lender rnayhold such unapplied funds until Borrower rnakes paymcntto bringthe T.oar► current
<br />If Borrower does not do sa within a xeasonable period of time, Lender shall either apply such fimds or xeturn them to
<br />Boxrower. Ifnot applied earlier, such funds will be applied to the outstanding principal balarice under tl�e Note immediately
<br />prior to �oxeclosure. No offset ar claim whiah $orrower mi t have now or in tha futurc against Lender shall relieve
<br />Borrower frorn maldng �ayments due undex the Note and �s Security Instrrrument or per:Fornung the covenants and
<br />agreemen� secured by th�s Security Instrument. .
<br />2. Application of PAyments or Proceeds. �xcept as otherwise described in this Section 2, all payments
<br />accepted and applied by X.ender shall be applied in the following order of priority (a) interest due under the Nnte;
<br />(b) pnncipal due under the Note; (c) amounts due under Section 3, $pch payments shail be applied to each Periodic Payment
<br />in the arder in which it became due. Any rernaining amounts sha]1 be applied �xst to late charges, second to any other
<br />amounts due under this Security Instrumnnt, and then to reduce the principa] balance of the Note.
<br />If Lender receives a payment from Boxrower for a delinquent Penodic Payment which includes a su�cient amount
<br />to pay an late charge due, the payment may be applied to the delinquent payment and the late chaxge. If more than one
<br />Penodic �a ent is outstandrng, Lendcr may apply any payment received from Barrowex to the repayment af the Periodic
<br />Payments i� d to the extent that, each payment can be paid in full. To the extent tlxat any excess exists after the payment is
<br />apphed to the i'ull payment ofone or rnore Periodic Payments, such excess maybe appli�d ta anylate charges due. Voluntary
<br />prepayments shall be a}�plied first to any prepayment charges and then as described in the Note.
<br />Any application ofpayments, insurance proceeds, or Miscellaneous Froceeds to principal due under theNotc
<br />shall nat extend or postpone the due date, or cliange the arnount, of the Periodic Payments.
<br />3. Funds for Escraw Items. Bonrower shall �ayto X.ender on the day�eniodic Pa enis are due underthe Nate,
<br />until the Note is paid in full, a surn (the "Funds'� to ptovYde fnr payment of amounts due for: (a taxes and assessments and
<br />other itcros which can attain pziority over this Secunty Instrument as a lien or encumbrance on the Property; (b) leasehold
<br />paym�nts ot ground rents on the �ropert�, if any; (c) premiums for any and all insurancB required by Lender under Section 5;
<br />and (d) Mortga�e Insurrance premiums, xf any, or any sums payable by Borrawex to Lender yn lieu ofthe payment ofMortgage
<br />Insurance prerrnums in accrnrdance with tha provisions of Section 1 Q. These itcros are called "Escrow Ttems." At origination
<br />or at any time during the term ofthe �,,oan, L.ender may reyuire that Community Association Dues, �ees, and Assessmenls, 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 al] notices of arnounts to be paid under this Section. Borror�ver sha11 pay Lender the Funds for Escrow T�ns
<br />unless T,ender waives Boxrdwer's obligatian to pay the Fhnds for any or all Escrow Ttems. Lender may waive Borrowex's
<br />obligation to pay to Lender Funds for any or all Escrow Items at any timc. Any such waiver nnay only be in vvriting. In the
<br />event of such waiver, Borrower shalI pay direcdy, when and where payablc, the arnounts due for any Escrow Items for which
<br />payment of Funds has been waived by Lcnder and, if Lender requires, shall furnish to Lcmder receipts evidencing such
<br />payment withrn such time period as Lender may requirc. Borrower's obhgation to make such payments and to provi.de
<br />rece�pts shall for all purposes be deemed to be a covenant and t contained in this Security Instrumen� as the phrase
<br />"covanant and a�reement" is used in Section 9. IfBorrowtr is ligated to payEscrow Items directly, putsuant to a waiver,
<br />and Borrower fails to pay the amount due for an �scrow Item, Lender may exercise its rights under Section 9 and pay such
<br />amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the
<br />waiver as to any ox all Escrow Items at any time by a notice �ven m accordance with Section 15 and, upon such rcvocation,
<br />Borrower shall pay to Lender all Funds, and in sucla amounts, that are thenrequired under this Section 3.
<br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pern�it L�cnder to apply the Funds at
<br />the time specified under RESPA and (b) not to exceed the maxirnum amount a lender can require under Rk?SPA. L.ender
<br />shall estimate the amount of Fun�s due on the basis pf current data and reasonable estimates ofexpendit�u�es offuture Escmw
<br />Items or otherwise in accordance with Applicable Law. �
<br />The k�nds shall be held in an institution whose deposits are insured by a federal agency, instrurnentality, or entity
<br />(includin Lendcr, if Lender is an insiitution whose deposits are so insured) or in any Federal Home r.oan Bank Lender shall
<br />apply the�unds to pay the Escrow Itcros no later than the time specified under RESPA. I.cnder shall not charge Borrower
<br />for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Zterns, unless T�nder
<br />pays Borrawer interest on the F�nds and Applicable Law permits Lcnder to make such a charge. Unless an agreexnent is
<br />rnade in writing or Applicable Law requires interest ta be paid on the �unds, Lender shall not be required to pay Borrawer
<br />any interest or earnings on the Funds. Borrnwer and Lender canagree in writing, however, that interest shall be paid on the
<br />Funds. Lender shall give to Boreower, without charge, an annual accounting qf the Funds as required by RESPA.
<br />Tf there is a surplus ofFunds held in eserow, as defined under RESPA, X.ender shall account to Borcower for the
<br />excess �Funds in accordance with RESPA. Xf there is a shortage of Funds held in escrow, as defined under RESPA, Lender
<br />shall notify Borrower as reyu�red by RFSPA, and Borrower shall pay to Lender �tlae amount necessary to make up the
<br />shortage in accordance with RESPA, but in no mare than 12 monthly�ayments. If thero is a deficiency of Funds held in
<br />escrow, as defined under RES�A, Ler►der shall notify Brnmwer as requrred by RESPA, and Borcower shall payto Lender the
<br />amaunt necessary to make up the deficiency in accordance with R�SPA, but in na xnore than 12 monthly payments.
<br />Upon payment in full ofall sums secured by this Security Instrument, Lender shall prornptlyrcfund to Sorrower any
<br />Funds held by Lcnder.
<br />4. Char�e�; Liens. Borrawer shall pay all taxes, assessments, ct�arges, Snes, and impositions at�butable to the
<br />Properly which can attain priority over this Security Instrument, leasehold paymen� or gxound rents an the Property, if any,
<br />and Comrnunity Association Dues, Fees, and Assessments, if any. To the extent that these iterns are Fscrow Ttems, Boimwer .
<br />shall pay them in the manner provided in Section 3.
<br />Borrower shall promptly dischar�e any lien wh�ich has priority over this Security Instrument unless Borrawer: (a)
<br />agxecs in writ�'ng to the payment of the obli ation secured by the licn in a manner acceptable to Lender, but only so long as
<br />Borrower is perfc�rming snch agreement; (b� cont�sts the lien in good faith by, or de:fends apainst enforcement of the Iren in,
<br />legal proceedings which in I.ender's opinion operate to prevent the enforccment of the lren while those proceedings are
<br />pend�ng, but only until such proceedings are cancluded; or (c) secures from the holder nf the lien an agreement satisfacboryto
<br />Lender subordinating the lien to this Security Instnument �'Y,ender determines that any part of the Froperty is subject to a
<br />lien whieh ean attain priori over this Secunty Instrurnent, uncier may give Borrower a notice identifjnn� the lien. Within
<br />1 p days of the date on whic� that natice is givem, Borrower shall satisfj+the lien or take one or rnore of the actions set forth
<br />abnvc m this Sectiion 4.
<br />Lender may require Baxrower to pay a one-tirne charge for a real estate tax verification and/or xeporting service
<br />used by T..exader in connection with this Y.oan. .
<br />5. Propewty Xnsurance. Borrowex shall keep the improvements now existing nr he�reafter erected on the Property
<br />insured against loss by fixe hazards included within the term "e�ctended coverage," and any other hazards including, but not
<br />limited to, earthquakes an� floods, for which Lender requiires insurance. This insurance shall be maintained in the amounts
<br />(including deductible levels) and for the periotts that �nder requires. W'hat Lender requires pursuant to the preceding
<br />sentences can chan e durin the terim of the Loan. The insurance carrier providing the insuranca shall be chosen b
<br />Borrower subject to Lendcr�s xight to disappzove Borrower's choice, which right shall not be exercised unreasonably
<br />X..ender may xequire Borrower to pay, in connection with this Loan, ei�ther; (a) a on�tirne charge for flood zone
<br />detenmination, certification and traclang services; or (b) a onatime charge �r Aood zone detcrmination and certification
<br />services and subsequent cha:rges each time remappings or sirnilar changes occur which roasonably might affect such
<br />NEBR�SICA-$ingle Family—Fannie M�e/Ptieddle Mac UMFORM INSI'RUMEN'T (M�RS�
<br />12439.CV (1/08) 20006858
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<br />Form 302$ 1/Ol (page 3 of 8 pagesJ
<br />CreaHve 7'hinldtig, Inc.
<br />GOTQ(OOObe3o�
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