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<br />any �ayment or partial payment insu�cient to bring the I.oan current, without waiver of any rights hereunder or prejudice to
<br />its r�ghts to refuse such payment or partial pa�►nents in the future, but L,ender is not obligated ta apply such payments at the
<br />time such payments are accepted. It each Feriodic Payment is appl ied as af ita scheduled due date, then Lender need not pay
<br />interest on unapplied funds. Lender rnay hold such unapplied funds until Borrower makes payment to bring the I.oan current.
<br />If Borrower does not do so within a reasonable period of time, Lender shafi either apply such funds or return them to
<br />Borrower. If not applied earlier, such funds will be applied to the outstandin� principal balance under the Note immediately
<br />prior to foreclosure. No offset or claim which Borrower mi �ht have naw or in the f'uture against I.ender shall relieve
<br />Borrower from makin� payments due under the Note and �s Security lnstrument or p�rforming the covenants and
<br />agreements secured by this Security Instrument.
<br />2. Application of Payments or Praceeds. Except as otherwise described in this Section 2, all payments
<br />accepted and applied by T_ender shall be applied in the following order of 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 Periodic Payment
<br />m 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 principal balance of the Note.
<br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a suf�icient 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 />Penodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic
<br />Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is
<br />applied to the full payment of one or more Periadic Payments, such excess may be applied to any ]ate charges due. Voluntary
<br />prepayments shall be a�plied first to any prepayment charges and then as described in the Note.
<br />Any apphcation ofpayments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
<br />shall not extend or postpone the due date, or change the amount, of the 1'eriodic Payments.
<br />3. Funds far Escrow Items. Borrower shall pay to L,ender on the day Feriodic 1'a ent�5 are due under the Notc,
<br />until the Note is paid in f'ull, a sum (the "Funds") to prav�de for payment ofamounts due for: (a taxes and assessments and
<br />oCher items which can attain priority over this Security Instrument as a lien or encumbrance on the Yroperty; (b) leasehold
<br />payments or ground rents on the Properly, if any; (c) premiums for any and all insurance required by Lender under Section 5;
<br />and (d) Mortgage Tnsurance premiurns, if any, or any sums payable by Borrower to L.ender in lieu ofthe payment ofMortgage
<br />Insurance premiurns in accordance with the provisions of Section 10. These items are called "Escrow Items." At originat�on
<br />or at any time during the term ofthe L,oan, L,ender 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 Lender al1 notices of amounts to be paid under this Section. Borrower shall pay Lender the Fund� for Escrow Items
<br />unless Lender waives Borrower's obligation to pay the Funds for any ar all Escrow Iterns. Lender may waive Borrower's
<br />obligation to pay to L.ender Funds for any or all Escrow Items at any time. Any such waiver may only b� 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 waiv�d by Lender and, iF L,ender requires, shall furnish to Lender receipts evidencing such
<br />payment within such time period as I.ender may require. Borrower's abligation 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 agreement" is used in Section 9. IfBorrower is obli�ated to pay Escrow Items directly, pursuant to a waiver,
<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 Borrower shall then be obligated under Section 9 to repay to Lender any such amount. I.ender may revoke the
<br />waiver as to any or al] 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 amounts, that are then re uired under this Section 3.
<br />I.ender may, at any time, collect and hold Funds in an arnount (a) su�cient to permit I.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. I,ender
<br />shall estimate the amount ofFunds due on the basis of current data and reasonable estimates ofexpenditiu offuture �scrow
<br />ltems or otherwise in accordance with Applicable Iaw.
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumenCality, or entity
<br />(including L,ender, if Lender is an institution whose deposits are so insured) or in any Federal Home LoanBank. Lender shall
<br />apply the Funds to pay the Escrow Items no later than the time specified under RESPA. I.ender shall not charge Bor'rower
<br />for holding and applying the Funds, annually analycing the escrow account, or verifying the Escrow Items, unless Lender
<br />pays Borrower interest on the Funds and Apphcable I.aw pernuts Lender to make such a charge. Unless an agrcement is
<br />made in writing or �pplicable Law requires interest to be paid on the Funds, Lender shall noC be required to pay Borrower
<br />any interest or earnings on the Funds. Borrower and L.ender can agree in writing, however, that interest 5hall 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 R�SPA, I.ender shall account ta IIorrower for the
<br />excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, L.ender
<br />shall notify Borrower as required by RESPA, and Borrower shall pay to I.ender the amount nece5sary to make up the
<br />shortage in accordance with RESPA, but in no more than 12 monthly �ayments. If there is a deficiency of Funds held in
<br />escrow, as defined under RESPA, Lender shal l notify Borrower as required by RESPA, and Borrower shall pay to Lender the
<br />amount necessary to rnake up the deficiency in accordance with RESPA, but in no rnore than 12 monthly payrnents.
<br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptlyrefund to Borrower any
<br />Funds held by Lender.
<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 Instrurnent, leasehold payments or ground rents on the Properly, if any,
<br />and Community Association Dues, Fees, and Assessments, if any. To the extent that these iterns are Escrow Item�, Borrower
<br />shall pay them in the manner provided in S�ctian 3.
<br />Sorrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
<br />agrees in writing to the payment of the obli ation secured by the lien in a rnanner acceptable to Lender, but only so long as
<br />Borrower is performing such agreement; (b� contests the lien in good faith by, or defends a�ainst enforcement of the lien �n,
<br />legal proceedmgs which in L.ender's op�nion operate to prevent the enforcement of the hen while those proceedings are
<br />pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to
<br />L,ender subordinating the lien to this Securit� Instrument. If I.ender determines that any part oFthe Property is subject to a
<br />lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within
<br />10 days of the date on which thaC notice is given, Borrower shall satisfy the lien or take one or more of the 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/or reporting service
<br />used by I.ender in connection with this Loan.
<br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
<br />insured against loss by �ire, hazards included within the term "extended caverage," 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 L.ender requires. What Lender 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 />Bnrrower subject to L,ender 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 L,oan, 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 might affect such
<br />NEBRASKA—Single Family--Fannie Mae/Nreddie Mac UNIF�RM INS'['RUMCNT (MF.RS) Fqrm 3028 1/Ol (page 3 oJ�8 pages)
<br />12439.CV (110R) 90450I Creative Tliinking, Inc.
<br />GO'I'O(00145203)
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