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201009865
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1/3/2011 8:50:10 AM
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1/3/2011 8:50:09 AM
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201009865
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2010Q986� <br />BORROWER COV�NANT5 that Borrower is lawfully seised of d►e estate l�ereby conveyed and has <br />t}ie ri�t�t to grant and convey die Property ar►d that the Property is un�ncumbered, except for encumbra�►ces <br />of record. Borrower warrants and will defend general(y the title ta tl�e Property against all claims ar►d <br />demands, subject to any encuir�brances nf record. <br />THIS SECURITY INSTRUMENT combines urufor�u covena�►ts for national use ar�d non-miiform <br />covenants with limited variations by jurisdicUon to constitute a ur�iforni security instrument covering real <br />property. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Esorow Items, Prepayment Charges, and Late Charges. <br />Borrower shall pay when due die principal of, and interest on, the debt evide��ced Uy tl�e Nate and any <br />prepayment char�es and late charges due under the Note. Borrower shall also pay fimds for Escrow Items <br />p�usuar�t to Sectian 3. Payments due under the Note and U►is 5ecurity Instr�iment shall be made in U.S. <br />r.urrency. However, if any cl►eck or od►er instriuiient received by Lender as payment i�nder the Nute ar this <br />Sea�rity Instrument is returned to Lender unpaid, Lender may require that any or all snbsequent payments <br />due under the Note and this 5ecurity Instriunent I�e made in one or more of the following forms, as <br />selected by Lender: (a) cash; (u} money order; (c) certified check, bank check, treasurer's check or <br />cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a <br />federal agency, instrumentality, or entity; or (d} Electroiuc Fiu►ds Transfer. <br />Pay�uents are dee�txed received by Lender when received at the location designated in the Note or at <br />such other lacation as may be designated by Lender in accordance with the notice provisions in Section 15. <br />Lender may return any payment or partial payment iF tlie payment ar parUal payments are insufficient to <br />bring the Loan current. Lender may accept any payment or partial payment insuf�icient to bring the Loan <br />current, without waiver of any rights hereunder or prejudice to its rights to reCuse such payment or p�rlial <br />�ayments in die firture, but Lender is npt obligated to apply such payments at the time such payments are <br />acr.epted. If each Periodic Payment is applied as af its scheduled due date, then Lender need not pay <br />interest on �mapplied funds. Lender may liold such imapplied fi4nds ur►til Borrower iiiakes payment tv l�ring <br />the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply <br />such funds or return diem to Borrower. If not �pplied earlier, such fiunds will be applied to the outsta�iding <br />principal balance under tlie Note immediately prior to foreclosurc. No o�'set or claim which Borrower <br />might have now or i�► d►e fiiture against Lender shall relieve Borrower from n�aking payments due under <br />We Note a►►d dYis 5ecurity Instrument or performing the covenants and agreemenis secured by d►is 5ecurity <br />Instnuner�t. <br />2. Applicalion of Payments or Proceeds. Except as od►erwise described in d►is Seetion 2, all <br />payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest <br />due under the Note; (b) principal due under the Note; (c) amounts dne rmder Section 3. Such payments <br />st►all be applied to eacli Periodic Fayment in the order in whicl► it became due. Any rec�iaining a�ciounts <br />shall be applied first to late charges, second to any otl�er amounts due under lhis Security Instrument, and <br />then to reduce d�e principal balance of the Nnte. <br />If Lender receives a payment from Borrower for a deli��quent Periodic Payment which includes a <br />sufficient a�nount to pay any late charge due, the payment may be applied to die delinquent payment aud <br />U►e late charge. If more than one Periodic Pay►nent is nulsianding, Lender may apply any payment received <br />from Borrower to die repayment of tl�e Per[odic Payments if, a�icl to the extent that, each payment can be <br />paid in frill. To the extent that any excess exists after d�e payment is applied to die full payment of one or <br />more Perivdic Payments, such excess may be applied to any late charges due. "Voluntary prepayments shall <br />be applied �rst to any prepaymeni charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due tmder <br />the Note shall not extend or postpone the due date, or change the a�uount, of tlie Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due <br />lmder the Note, until the Note is paid in full, a sum (tlie "Fimds") to prnvide for payment of amounts duc <br />for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a <br />lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) <br />premiut�is for any and all insurance requlred by Lender under Section 5; and (d) Mortgage Ins�Uance <br />001122305972 [001122308972] <br />N RASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH ER5 <br />� BA(N� (oe1o) Page 4 vf 15 �naia�s: � F01'rfl 3028 1l01 <br />
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