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� . <br />201048977 <br />Payments are deemed received by L.ender when received at tha location designated in the Note or at such other <br />location as may be designated by I.ender in accordance with the notice provisians in Section 15. L.ender may return any <br />payment or partial payment ifthe payment or partial payments are insufficient to bring the 1.oan current. L,ender mayaccept <br />any payment or partial payment insufficient to bring the L,oan current, without waiver of any rights hereunder or pre�udice to <br />its rights to refuse such payment or partial pa�rrients in the future, but I.,ender is not obligated to apply such payments at the <br />time such payments are accepted. lf each Periodic Payment is applied as of its scheduled due date, then L.ender need not pay <br />interest on unappHed funds. C.endar may hold such unapplied funds until Borrower makes payment ta bring the Loan current. <br />If Borrower does not do so within a reasonable period of time, I.ender shall either apply such funds or return them to <br />Borrower. Ifnot applied earlier, such funds will be applied to the outstanding principal balance under the Note irnmediately <br />prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve <br />Borrawer frorn making payments due under the Note and this Security Instrument or performing the covenants and <br />agreements secured by this Security Instrument. <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 af priority: (a) interest due under the Note; <br />(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Aeriodic Payment <br />in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other <br />amounts due under this Security Instrument, and then to reduce the princi�al balance of the Note. <br />If L,ender receives a payment from Borrower for a delinquent Per�odic Payment which includes a sufl'icient amount <br />to pay any late charge due, the payment may be applied to the delinquent payment and the lata charge. If more than one <br />Feriodic Fayment is outstanding, L.ender may apply any payment recerved from Borrower to the repayment of the Periodic <br />Payments if, and to the extent that, each paynnent can be pa�d in full, To the extent that any excess exists after the payment is <br />appl�ed to the full payment ofone or more Periodic Payments, such excess may be applied to any late char�es due. Valuntary <br />prepayments shall be a�plied first to any prepayment charges and then as described m the Note. <br />Any application ofpayments, ►nsurance proceeds, or Miscellaneous Proceads to principal due under the Note <br />shall not extend or postpone the due date, or change the amount, ofthe Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to L,ender on the day Periodic Pa ents are due under the Note, <br />until the Note is paid in full, a sum (the "Funds") to prov�de for payment of amouttts due for: (a taxes and assessments and <br />other items which can attain priority over this Security lnstrument as a lien or encumbrance on the Properiy; (b) leasehold <br />payments or ground rents an the Properiy, if any; (c) premiums for any and all ittsurance rec�uired by I.ender under Section 5; <br />and (d) Mortga�a Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu oftha payment ofMortgage <br />Insurance prem�ums in accordance with the prpvisipns of Section 10. These items are called `Bscrow Items" At origination <br />or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if <br />any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly <br />furnish to I.ender all notices of amounts to be paid under this 5ection. Borrower shall pay I..ender the F'unds fpr Escraw ltems <br />unless I.ender waives Borrower's obligation to pay the Funds for any or all Escrow Items. L.ender may waive Borrower's <br />obligation to pay to Lender Funds for any or all Escrow Items at any t�me. Any such waiver may only be in writing. In the <br />event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which <br />payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such <br />payment within such time pariod as L.ender may raquire. Borrower's obligation to make such payments and to provide <br />receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase <br />"covenant and a�reement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a wa�ver, <br />and Borrower fails to pay the amount due for an �scrow Item, I.ender 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. L,ender may revoke the <br />waiver as to any or al I Bscrow Items at any time by a notice given in accordance with Sectian 15 and, upon such revocation, <br />Borrower shall pay to I.ender 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 L.ender to apply the Funds at <br />the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. [,�nder <br />shall estimate the amount ofFunds due on the basis ofcurrent data and reasonable estimates ofexpenditures offuture Escrow <br />Items or atherwise in accordance with Applicable Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entiry <br />(including Lender, if L.ender is an institution whose deposits are so insured) or in any Federal Home L.oan �ank. C.ender shail <br />apply the Punds to pay the Escrow Items na later than the time specified under RESPA. Lender shall noc charge Borrower <br />for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow ltems, unless Lender <br />pays Borrower interest on the Funds and Applicable Law permits I..ender to make such a charge. Unless an agreement is <br />made in writing or Applicable L.aw requires interest to be paid on the Funds, L.ender shall not be required to pay Borrower <br />any interest or earnings on the Funds. Borrower and [.ender can agree in writing, however, that interest shall be paid on the <br />Funds. L,ender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. <br />lf there is a surplus of Funds held in escrow, as defined under KESPA, I.ender shall account to Borrower for the <br />excess funds in accardance wich RESPA. If there is a shortage of Funds held in escrow, as dafined under RESPA, L,ender <br />shall notify Borrower as required by RESPA, and Borrower shall pay to I.ender the amount necessary to make up the <br />shortage in accordance with RESPA, but in no mqre than 12 monthly�ayments. If there is a deficiency nf Funds held in <br />escrow, as defined under RESPA, Lender shall nptify Borrower as requ�red by RESPA, and Borrawer shall payto I.ender the <br />amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. <br />Upon payment in full of all sums secured by this Security Instrument, L.ender shall promptlyrefund to Barrawer arty <br />Punds held by l..,ender. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the <br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, <br />and Community Association Dues, Fees, and Assessments, if any. 'i'o the extent that these items are Escrow Items, Bonrower <br />shall pay them in the manner provided in Section 3. <br />Sorrower shall promptly dischar�e any lien which has priarity over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment ofthe obli ation secured by the lien in a manner acceptable to L.ender, but only so long as <br />Borrower is performing such agreement; (b} contests the lien in gaod faith by, or defends a�ainst enforcement afthe lien in, <br />legal proceed�ngs which in I..,ender's opinion operate to prevant the enforcement of the lien while those proceedings are <br />pending, but only until such proceadings are concluded; or (c) secures from the holder afthe lien an ageement satisf•actoryta <br />1.,ender subordinating the lien to this Securit� lnstrument. IfLender determines that any part ofthe Pro�erty is subject to a <br />lien which can attain priority over this Security Instrument, I.ender may give Borrower a notice identifymg the lien. Within <br />10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more ofthe actions set forth <br />above in this Section 4. <br />I,ender may require Borrower to pay a one-time charge for a real estate tax verification and/ar reporting service <br />used by [.ender in connection with this [.aan. <br />5. Property Tnsurance. Borrower shall keep the improvements now existing or hereafter erectedontheProperty <br />insured against loss by fira, hazards included within the term "extended coverage," and any other hazards including, but not <br />limited to, earthquakes and floods, for wMich Lender requires insurance. This insurance shall be maintained in the amouncs <br />(including deductible levels) and for the periods that Lender requires. What C,ender requires pursuant to the preceding <br />sentences can chan�e during the term of the Loan. The insurance carrier providing the insurance shall be chosen by <br />Borrower subject to L.ender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. <br />N�BRASKA—Single Family--Fannie Mae/Freddie Mac �INIPORM 1NSTRUMENT <br />9754.CV (3/09) 91 169USB / 9902425019 <br />Form 3028 1/Ol (page 3 of8 pages) <br />Creative �I�hinking, Inc, <br />GOTO(OOOad4d9) <br />