2011Q02��
<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 hy Lender in accordance with the notice provisions in Section 15. I.ender may return any
<br />paymeni or partial payment ifthe payment or partial payments are insuffic�ent to bring the Loan current. Lender may accept
<br />any payment or partial payment insufficient to bring the I.oan current, without waiver of any rights hereunder or prejudice to
<br />its nghts to refusa such payment or partial payments in the future, but Lznder is not obligated to appiy such payments at the
<br />time such payments are accepted. Ifeach Yenodic Payment is applied as of its scheduled due date, then L,ender need not pay
<br />interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan cwient.
<br />If Borrower does not do so within a reasonable period of time, l,ender shall either apply such funds or retum them to
<br />Barrower. If not applied eadier, such tunds will be applied to the outstanding principal balance under the Note irnmediately
<br />prior to foreclosure. No offset or claim which Horrower might have now or m tha future against Lender shall relieva
<br />Borrower from making payments due under the Note and this Security Instrument or performing the covenants and
<br />agreements secured by this Securiry Insirument.
<br />2. Applicgtion of Paymenta or Proceeds. Except as otherwise described in this Section Z, all payments
<br />accepled and applied by Lender shall be applied in the follawing order af priority: (a)intarest due under the Note;
<br />(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be appliedtn each Penodic Payment
<br />in the order in which it became due. Any reroaining amounts shall be applied first to late charges, second to any other
<br />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 Penodic Payment which includes a sufficient amnunt
<br />to pay any late charge due, the payment may be applied io the delinquent payment and the late charge. If more than one
<br />Per�udic Payment is outstanding, Lender may apply any payment recerved from Borrower to the repayment of the Penndic
<br />Payments if, and to the extent that, each payment can be paid m f'ull. To the extent that any excess exists after the payment is
<br />applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary
<br />prepayments shall 6e applied first to any prepayment charges and then as described in the Note.
<br />Any apphcatian of payments, msurance proceeds, or Miscellaneous Proceeds to pnncipal due under the Note
<br />shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
<br />3. Funds for Escrow ltems. Borrower shall pay to Lender on the day Periodic Payments are due underthe Note,
<br />until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and
<br />other items which can attain pnority over this Secur�ty lnstnunent as a lien or encumbrance on the Prnperty; (b) leasehold
<br />payments or ground rents vn the Property, if any; (c ) premiums for any and all insurance rec�uired by Lenderunder Section 5;
<br />and (d) Mortgage lnsurance premiums, if any, or any sums payable by Borrower to Lender m lieu ofthe payment ofMortgage
<br />Insurance prem�ums in accordance with the prnvisinns of Section ] 0. Thesc items are called "Escrow Items." At originat�on
<br />or at any time during the term of the Loan, Lender may reqwre that Community Association Aues, Fees, and Assessments, if
<br />any, 6e escrowed by Boaower, and such dues, Fees and assessments shall be an Escrow Item. Borrower shall promptly
<br />fiunish to Lender all notices of amounts to he paid under this Secqon. Borrower shall pay Lender the Funds forEscrow Items
<br />unless Lender waives Bnrrower's obligation to pay the Funds for any or all Escrow ltems. Lznder may waive Horrower's
<br />obligation to pay to Lender Funds Por any or all Escrow ]tems at any time. Any such waiver may only 6e in writing. In ihe
<br />event of such warver, Borrower shall pay d�rectly, when and where paya6le, the amounts due for any Escmw Items for which
<br />payment of Funds has 6een waived 6y Lender and, if Lender requires, shall Curnish to Lender receipts evidencin� such
<br />payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide
<br />receipts shall for all parposes 6e deemed to be a covenant and agreement contained in this Secwity Instrument, as the phrase
<br />"covenant and agreemenC' is used in Saction 9. ]f Borrower is obligated to pay Escrow Items directly, pursuant to a wa�ver,
<br />and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such
<br />amount and Bnrrower shall then be obligated under 5ectinn 9 to repay to L,ender any such amnunt. Lender may revoke the
<br />waiver as tn 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 Lender all Funds, and in such amuun[s, 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 appl,y the Funds at
<br />the time speciFed under RESPA, and (b) not to exceed lhe maximum amount a lender can require under RESPA. Lender
<br />shall estimate the amnunt of Funds due on the basis of current data and reasonable estimates ofexpendihues offirture Escrow
<br />Items or otherwise in accnrciance with Applicable Law.
<br />Thc Funds shall be held in an institution whose depnsits are insured 6y a federal agency, instrumentality, or entity
<br />(including Lender, if Lender is an institution whose depusits are so insured ) or in any Pederal Home Loan Bank Lender shall
<br />apply the Punds to pay the Escrow Items no later than the time specified under RESPA. Lender 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 Applicable Law permits Lender to make such a charge. Unless an agreement is
<br />made in writing or Applicable l.aw requires mterest tu be paid on the Funds, Lender shall not be required to pay Bnrrnwer
<br />any interest or eamings on the Funds. Borrower and Lende� can agree in wnting, however, that interest shall be paid on the
<br />Funds. Lender shall give tn Borrower, without charge, an annual accvunting nf the Funds as required by RFSPA.
<br />If there is a surplus of Funds held in escrow, as defined under RESI�A, Lsnder shall account to Borrower for the
<br />excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender
<br />shall notify Bonrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to 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, Lender shalt notify Borrower as required by RESPA, and Borrower shall pay ro I.enderthe
<br />amount necessary to make up the deficiency in accordance with RESPA, but in no mare than 12 monthly payments.
<br />Upnn payment in full of all sums secured by this Security Instrument, Lender shall promptlyrefund to Borrower any
<br />Funds held b,y Lender,
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributabletnthe
<br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,
<br />and Communiry Association Dues, Fees, and Assessments, if any. Tn the extent that these items are Escrow Items, Borrc>wer
<br />shall pay them in the manner provided in Section 3.
<br />Borrower shall promptly dischargc any lien which has pnonty over this Security Inshument unless Borrower: (a)
<br />agrees in writing to the payment of'the obligation secwed by the lien in a manner acceptable to Lender, but only so long a�c
<br />F3orrower is performing such agreement; (b) contests the lien in good faith by, or defends apamst enforcement ofthe lien in,
<br />lega] proceedings which in Lender's opinion operate to prevent the enforcement nf the lien while those proceedings are
<br />pending, 6ut only until such pmceedings are concluded; or (c) secures from the holder ofthe lien an agreement satisfactory to
<br />Lender subordinating the lien to this Security Insmunent. If L,ender determines that any part of the Property is subject tu a
<br />lien which can attain priority nver this Security Instrument, Lender map give 9orrower a notice identifying the lien. W ithin
<br />10 days of the date on which that notice is given, Bo�rower shall satisfy the lien or take one or more of the actions set fonh
<br />above in this Sectian 4.
<br />Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service
<br />used by Lender in connection with this L.oan.
<br />5. Prvperty Insurance. Borrower shall keep the imprnvements now existing or hereafter erected on the Property
<br />insured against Ioss 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 insurance. This insurance shall be maintained in the amounts
<br />(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
<br />sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chnsen 6y
<br />Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably.
<br />NEBRASI{A—Singlc Fumily--Frunie Moe/Freddie Mac UNIFORM INSTRl1MENT Form 3028 1l01 (page 3 �f R page��'1
<br />97,Sq.CV (3/09) 003-308-2G2 Creetive Thinkiug, lnc.
<br />GOTO(OOI Oc211)
<br />��
<br />
|