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201009589 <br />THIS SECURITY INSTRUM�NT cambines uniform covenants for national use and non-uniform covenants with <br />lirnited variations by jurisdiction to constitute a uniform security instrument covering real property. <br />UNIFORM COVENANTS. Bonower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayrnent Charges, and Late Charges. Borrower shall <br />pay when due the principal of, and interest on, the de6t evidenced by the Note and any prepayment charges and late <br />charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due <br />under the Note and this Security Instrurnent shall be made in U.S. currency. However, if any check or other <br />instrument received by I.ender as payment under the Note or this Security Instrument is returned to Lender unpaid, <br />Lender rnay require that any ar all subsequent payments due under the Note and this Security Instrument be made in <br />one ar more of the following farms, as selected by T_ender: (a) cash; (b) rnoney order; (c) certified check, bank check, <br />treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured <br />by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. <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 Lender in accordance with the notice provisions in Section 1S. Lender may return <br />any payment or partial payment if the payrnent or partial payments are insufficient to bring the Laan current. Lender <br />may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights <br />h�reunder ar prejudice to its rights tv refuse such payment or partial payrnents in the future, but Lender 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. Lender may hold such unapplied funds <br />until Borrower makes payment to bring the Loan current. If Bonower does not do so within a reasonable period of <br />time, I,ender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be <br />applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim <br />which Borrower might have now or in the future against Lender shall relieve Borrower frorn making payments due <br />under the Note and this Security Instrument or performing the covenants and agreements secured by this Security <br />Instrument. <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments <br />accepted and applied by L.ender shall be applied in the following prder of priority: (a) interest due under the Note; <br />(b) principal due under the Note; (c) am�unts due under Section 3. Such payments shall be applied Co 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 amounts due under this Security Instrument, and then to reduce the principal balance of the Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient <br />amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If <br />more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the <br />repayment af the Periodic Payments 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 Peripdic Payments, such excess rnay <br />be applied ta any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then <br />as describe�i in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note <br />shall not extend ar 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 <br />Note, until the Note is paid in full, a surn (the "Funds") to provide for payment of amounts 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 payments or ground rents on the Property, if any; (c) premiums for any and all insurance <br />required by Lender under Sectipn 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower <br />to I.ender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. <br />lfiese items are called "Escrow Items. " At arigination or at any time during the term af the Loan, Lender may require <br />that Cornmunity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and <br />assessrnents shall be an Escrow Item. Borrower shall prornptly furnish to Lender all notices af amounts to be paid <br />under this Section. Barrower shall pay Lender the Funds for Escrow Items unless I.,ender waives Borrower's <br />nbligation to pay the Funds for any or all Escrow Items. Lender may waive Barrower's obligation to pay to Lender <br />F�.�nds for any ar all Escrow Items at any time. Any such waiver may anly 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 I.ender and, if Lender requires, shall furnish to Lender receipts evidencing such payrnent <br />within such tirne period as Lender may require. Borrower's obligation to make such payrnents 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 agreement" is used in Section 9. If Barrawer is obligated to pay Escrow Items directly, pursuant to <br />a waiver, and Borrower fails to pay the amount due for an Escrow Item, L,ender may exercise its rights under Section <br />9 and pay such ampunt and Borrower shall then be obligated under Section 9 to repay to Lender any such arnount. <br />Lender may revoke the waiver as ta any or all Escrow Items at any tirne by a notice given in accordance with Section <br />15 and, upon such revocation, Borrower shall pay to i.ender 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 permit Lender to apply the Punds <br />at the time specified under RESPA, and (b) not to exceed the maximum arnount a lender can require under RESPA. <br />Lender shall estimate the amaunt of Funds due on the basis of current data and reasonable estimates of expenditures <br />of future Escrow Items or otherwise in accordance with Applicable Law. <br />NEeRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - M�RS pocMagic � soasas-�3ss <br />Form 3028 1/01 Page 3 of 1 1 www.docmagic.com <br />� '� <br />� � <br />Ne3(Y28. mul. xml <br />