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DOC TI} #: 00423391424302011 201101314
<br />Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under
<br />the Note and this Security Instrument be made in one or more of the following fours, as selected by mender: (a) dash; (b) money
<br />order; (c) certified check, bank check, treasurers check or cashiers check, provided any such check is drawn upon an institution
<br />whose deposits are insured by a federal agency, instrumentality, or critity; 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 location as
<br />may be designated by Lender in accordance with the notice previsions in Section 15, Lender may return any payment or partial
<br />payment if the payment or partial payments axe insufficient to bring the Loan current. Lender may accept any payment or partial
<br />payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such
<br />payment or partial payments in the future, but Leader is not obligated to apply such payments at the time such payments are
<br />accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds,
<br />Leader may hold such unapplied funds until Borrower makes payments to bring the Loan current. If Borrower des not do so
<br />within a reasonable period of tune, Lender shah either apply such funds or return therm to Borrower. If not applied earlier, such
<br />funds will be 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 from marina payments due under the Note
<br />and this Security Imtrument or performing the co -venants and agreements secured by this Security Instrument.
<br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and
<br />applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the
<br />Note; (c) aunounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became
<br />due.•Any remaining arnounts sha11 be applied first to late charges, second to any other amounts due under this Security Instrument,
<br />and then to reduce the principal }valance of the Note.
<br />If Leader receives a payment from Borrower for a delinquent;Periodie Payment which includes a sufficient amount to pay
<br />any late charge due, the payment may be applied tq the delinquent payment and the late charge. If more than one Periodic Payment
<br />is outstaxuding, Lender may apply any payment, received from Borrower to the repayment of the Periodic Payments if, and to the
<br />extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment
<br />of one or more periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied
<br />first to any prepayment charges and then as described in the Note.
<br />Any application of 'payments, insurance proceeds, er Miscellaneous Proceeds to principal due under the Note shall not extend
<br />or 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 arc due under the Nate, until the
<br />Note is paid in full, a sum (the Funds ") to provide for payment of amounts due far: (a) taxes and assessments and other items
<br />which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground
<br />rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage
<br />Insurance premiums, if any, or any sums payable by Borrower to lender in lieu of the payment of Mortgage Insurance premiums
<br />in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the
<br />term of the Loan, Leader may require that Community Association Dues, Fees, and Assessments, if any, he escrowed by
<br />Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shad promptly furnish to Lender all notices of
<br />amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrowers
<br />obligation to pay the Funds for any or all escrow Items. Lender may waive Borrowers obligation to pay to Lender Funds for any
<br />or all Escrow items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly,
<br />when and where payable, the amounts clue for any Escrow Items for which payment of Funds has been waived by Lender and, if
<br />Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
<br />Borrowers obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and
<br />agreement contained in this Security Instrment,; as the phrase %ovenant and agreement" is used in Section 9. If Borrower is
<br />obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender
<br />may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to
<br />Lender any such amount. Lender may revoke the waiver as to any or all Escrow It.= at any time by a notice given in accordance
<br />with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
<br />under this Section S.
<br />Leader may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time
<br />specified under RESPA, and (b) -not to exceed the maximurn amount a lender can require under RESPA. Lender shall estimate the
<br />amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in
<br />accordance with Applicable Law. The Funds shall•be held in an institution whose: deposits are insured by a federal agency, instrumentality, or entity (inc Iuding
<br />Lender, if Leader is an institution whose deposits are so insured) or in any Federal Nome Loan Bank. Leader shall apply the Fronds
<br />to pay the Escrow Items no 1 ater than the time specified under ICES PA. Lender shall not charge Borrower for holding and applying
<br />the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender gags Borrower interest on the
<br />Funds and Applicable Law per'Mits Lender to make such a charge, sinless an agreement is made in writing or Applicable Law
<br />requires interest to he paid pn the Furls, Fender shall not. be required to pay Borrower any interest or earnings on the Funds.
<br />Borrower and Lender can agree in writing; however, that interest shall be paid on the Funds. Lender shall give to Borrower,
<br />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 MPA, Lender shall account to Borrower for the excess funds
<br />in accordance with SPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower
<br />as required by SPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with
<br />RESPA, but in no .mere than 12 monthly payment's. If there is a deficiency of Funds held in escrow, as defined under RESPA,
<br />Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
<br />deficiency in accordance with RESPA, lout in no more than 12 monthly payments.
<br />Upon payment in full of all sums secured by -this Security Instrument, Lender shall promptly refund to Borrower any Funds
<br />held by Leader.
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the property
<br />which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and
<br />Community Association Dues, Fees, and Assessments, if any. Tb the extent that these items are Escrow Items, Borrower shall pay
<br />them in the manner provided, in Section 3. -
<br />Borrower steal€ promptly discharge any lien which has priority over this Security Instrument runless Borrower: (a) agrees in
<br />writing to the payment of the obliption secured by the lien in a manner acceptable to Lender, but only so long as Borrower is
<br />performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings
<br />NEBRASKA- 4ingte Family—Fannie Mae/Freddig Mac UNIFORM INSTRUMENT Form 3028 1101
<br />Deed of Trust -NE _
<br />2006—NF- ( 08) Page 3 of 9
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