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<br />any payment or partial payment insufficient to bring the I.,oan current, without waivee of any rights hereunder or prejudice to
<br />its rights to refuse such payment or partial pa�ments in the futura, but Lender is not obligated to apply such payments at the
<br />time such payments are accepted. Ifeach Per�adic Payment is applied as af its scheduled due date, then J.ender need not pay
<br />interest on unapplied funds. L.ender may hold such unapplied funds until Borrower makes payrr►entto bring the Loan current.
<br />If Borrawer daes not do so within a reasonable period of time, Lender shall either apply such funds or return them to
<br />Borrower. If not applied earlier, such funds will be applied ta the outstanding principal balance under the Note unmediately
<br />prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve
<br />Borrower from making payments due under the Note and this Security Instrument or performing the covenants and
<br />agreements secured by this Security Instrument.
<br />2. Applicat�on of Payments or Prnceeds. Bxcept as otherwise described in this Section 2, all payments
<br />accepted and applied by I.ender shall be applied in the following order of priority: (a) interest due undar the Note;
<br />(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied ta each Periodic Payment
<br />�n the arder in which it became due. Any remaining amounts shall be applied first to late charges, second ta any other
<br />amounts due under this Security Instrument, and then to reduce the principal balance of the Nate.
<br />If I.ender receives a payment from Borrower for a delinquent Per�adic Payment which includes a sufficient amount
<br />to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one
<br />Period�c Payment is autstanding, Lender may apply any payment received from Borrower to the repayment ofthe Periodic
<br />Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess ex�sts after the payment is
<br />applied to tha full payment of one or more Periodic Payments, suoh excess may be applied to any late charges due. Voluntary
<br />prepayments shall be a�plied first to any prepayment charges and then as described m the Note.
<br />Any appl�cation ofpayments, msurance proceeds, or Miscellaneous Praceeds to principal due under theNote
<br />shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
<br />3. Funds for Escrow Iterns. Borrower shall pay to Lender on the day Periodic Pa ents are due under the Note,
<br />until the Note is paid in full, a sum (the "Funds") to provide for payment ofamounts due for: �taxes and assessments and
<br />other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold
<br />payments or ground rents on the Propert�, if any; (c) premiums for any and al I insurance rec�uired by Lender under Section 5;
<br />and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender m lieu afthe payment ofMortgage
<br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items" At originatton
<br />or at any time during the term ofthe Loan, Lender may require that Cammunity Association Dues, Faes, 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 ta I.ender all notices of amounts to be paid under this Sectian. Borrower shal I pay Lender the Funds far Escrow Items
<br />unless Lender waives Borrower's obligation to pay the Funds for any ar all �scrow Itams. Lender may waive Borrawer's
<br />obligation to pay to Lender Funds for any or all Escrow Items at any ttme. Any such waiver may only ba in writing. In the
<br />event of such waiver, Borrower shall pay d�rectly, when and where payable, the amounts dua for any Escrow Iterns for which
<br />payment of Funds has baen waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
<br />payment within such time period as I.ender may require. Borrower's pbligation to make such payments and to pravide
<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. IfBorrawer is obligated to pay Escrow Items directly, pursuant to a waiver,
<br />and Barrower fails to pay the amount due for an Escrow Item, Lender may exercisa its rights under Section 9 and pay such
<br />amount and Borrower shall then be obligated under Sectian 9 to repay to Lender any such amount. Lender may revoke the
<br />waiver as to any or all Escrow items at any time by a notice given in accordance with Section 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 Lender to apply the Funds at
<br />the tima specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender
<br />shall estimate the amount of Funds due on the basis of current data and reasonable estimates afexpenditures offuture Escrow
<br />Items or otherwise in accordance with Applicable Law.
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
<br />(including Lendar, if Lender is an institution whose deposits are sa insured) or in any Federal Home Loan Bank. Lender shall
<br />apply the Funds to pay the Escrow Iterns no later than the time specified under RESPA. L,ender shall not charge Borrower
<br />for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless L.ender
<br />pays Borrower interest on the Funds and Ap�licable L,aw permits L,ender to make such a charge. Unless an agreement is
<br />made in writing �r Applicable Law requires interest to be paid on the Funds, I.ender shall not be required to pay Borrower
<br />any interast or earnings on the Funds. Borrower and Lender can agrea in writing, however, that interest shall be paid on the
<br />Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
<br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Barrower For the
<br />excess funds in accordance with RESPA. Ifthere is a shortage ofFunds held in escraw, as defined under RESPA, Lender
<br />shall notify Borrower as required by RESPA, and Borrower shall pay to I,ender the amount necessary tn make up the
<br />shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in
<br />escrow, as defined under RESPA, L,ender shall notify Borrower as required by RESPA, and Borrower shall payto I.ender the
<br />amount necessary ta make up the deficiency itt accordance with RESPA, but m no more than 12 monthly payments.
<br />Upon payment in full of all sums secured by this Security Instrument, L.ender shall promptlyeefund to Borrower any
<br />Funds held by Lender.
<br />4. Cha rges; Liens. Borrower shall pay al I 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 Cammunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower
<br />shall pay them in the manner provided in Sectian 3.
<br />Borrower shall promptly dischar�e any lien which has priority over this Security Instrument unless $orro�r�er: (a)
<br />agrees in writing to the payment of the abli ation secured by the lien in a manner acceptable to Lender, but only so lang as
<br />Borrower is performing such agreement; (b� contests the lien in good faith by, or defends a�ainst enforcement ofthe lien u�►,
<br />legal proceedings which in L,�nder's opinion operate to prevent the enforcement of the lien while those proceedings are
<br />pending, but only until such proceedings are concluded; ar (c) secures from the holder ofthe lien an agreement satisfactoryto
<br />L.ender subordinating the lien to this Securit� Instrument. TfLender determines that any part ofthe Pra�erty is subject to a
<br />lien which can attain priority over this Secunty Instrument, I.ender may give Borrower a notice identif}nng the lien. Within
<br />10 days ofthe date on which that notice is given, Borrower shall satisfythe lien or take one or more ofthe actions set forth
<br />above in this Section 4.
<br />Lender may require Borrowar to pay a one-time charge for a real estata tax verification and/ar reporting service
<br />used by Lender in connection with this Loan.
<br />5. Property Cnsurance, Borrower shall keep the improvements now existing or hereafter erected an the Proparty
<br />insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not
<br />limited to, earthquakes and floods, for which Lender requires insuranca. This insurance shall be maintained in the amounts
<br />(including deductible levels) and For the periods that Lender requires. What L.ender requires pursuant to the preceding
<br />sentences can change durin� the term of the Loan. The insurance carrier providing the insurance shall be chosen by
<br />�orrawer subject to C.�nder s right to disapprove Borrower's choice, which right shall not be exercised unreasonably.
<br />Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
<br />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 rnight affect such
<br />NEBRASKA--Singlc Family--Fannie Mae/Freddie Mae 11NIFORM INSTRUMENT
<br />12439.CV (1/08) 91172FA
<br />(MERS) Form 3028 1/Ol (page 3 ofd pages)
<br />Creative Thinking, Inc.
<br />GOTO(OOOac841)
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