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201100379 <br />1111056962 <br />with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of <br />those interests, including, but not limitcd to, thc right to forcclose and sell thc Property; and to take any action required of <br />Lender including, but not limited to, releasing and cancaling this Security Tnstrument. <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby canveyed and has the right to grant <br />and convey the Property and that the Property is unencumbered, except for �ncumbrances of record. Borrower warrants and <br />will dcfend gencrally the tiUe to the Property against all claims and demands, subject to any encumbrances of record. <br />TIi1S SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with <br />liinited variations by jurisdiction to constitute 1 uniform security instrument covering real property. <br />UNIFpRM COVENANTS. Borrower and Lender covenant and agree �s follows: <br />1. Payment of Principal, Interest, �scrow Items, Frepayment Charges, and Gate Charges. Borrower shall pay <br />when due the principal of, and interest on, the debt cvidcnced 6y the Note and any prepayment charges and late charges due <br />under che Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this <br />Security Instrument shall bc made in U.S. currency. Howevcr, if any check or other instrument received by Lender as payment <br />under the Note or this Security Tnstrument is returned to Lender unpaid, Lender may require thac any or all subs�quent <br />payments duc under the Note and this Security lnstrumcnt be made in onc or morc of the follawin� farms, as selected by <br />Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such <br />check is drawn upon an institution whose deposits are insured by a federal �gency, instrumentAlity, or entity; ar (d) Electronic <br />Funds Transfer. <br />Payments are deemed reccived by Lender when received at the location designated in the Note or at such other <br />location as may be designated by Lcnder in accordance with the notice provisions in Sectian 15. Lender may return any <br />payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lcndcr may acecpt <br />any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to <br />its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at thc <br />time such payments are accepted. lf cach Periodic Payment is applied as af its scheduled due date, then [.ender need not pay <br />interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to brin� the Loan current. If <br />Borrower docs not do so within a rcasonable period of time, Lender shall either apply such funds or return them to F3orrower. I f <br />not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediat�ly prior to <br />fnreclosurc. No offsct or claim which Borrowcr might have now ar in the future against Lender shall relieve Borrower from <br />making payments due under the Note and this Security Tnstrument or perforniing the covenants and agreements sccured by this <br />Sccurity lnstrumcnt. <br />2. Application of Payments or Proceeds. Except as otherwise d�scribed in this Section 2, all payments accepted and <br />applied by Lender shall be applied in the followin� order of priority; (a) interest due under the Note; (b) principal duc undcr the <br />Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it <br />became due. Any remainin� amounts shall be applied first to late charges, second to any other amounts due under this Security <br />lnstrument, and then to reducc thc principal balance of the Note. <br />If Lender receives � payment fram Borrower for a delinquent Periodic Payment which includes a sufticient amount to <br />pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one �'criodic <br />Payrnent is outstanding C�ender may apply any payment received from T�orrower to the repayment of the Periodic Payments if', <br />and to thc extent that, cach payment can be paid in full. To the extent that 1ny excess exists lfter the payrnent is applied to khe <br />full payment of one ar more Periodic Payments, such excess may be �pplied to any late charges due. Voluntary prepaymcnts <br />shall be applied £irst to any prepayment charges and then as described in the Note. <br />Any application of paymcnts, insurance praceeds, or Miscellaneous Proceeds to principal due under the Not� shall not <br />extend or postpone thc due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items, Borrawer shall pay to Lender on the day Periodic Payments are due under the Not�, until <br />the Note is paid in full, a sum (the "Funds" to provide for payment of amounts due for: (a) taxes and assessments and other <br />itcros which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold paym�nts <br />or ground rents on the Property, if any; (c) premiums for any and all insurancc rcquired by Lender under Section 5; and (d) <br />NEBRASKA--Single Family--Fannic Mae/Freddie Mac UIVIFORM tNSTRUMENT <br />�:� 338.2 Page 3 of 12 fbrm:1028 Upl <br />