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20i10�s2o <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 Lender 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 />Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so <br />within a reasonable period of time, Lender shall either appiy such fu�ds or return them 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 making payments due under the <br />Note and this Security Instrument or performing the covenants 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 t1�e following order of priority: (a) interest due under the Note; (b) principal due under <br />the 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 remaining amounts shall be applied first to late charges, second to any other amounts due under this Security <br />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 inciudes a sufficient amount to <br />pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If mare than one Periodic <br />Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, <br />and to the extent that, each payment can be paid in fu1L To the extent that any excess exists after the payment is applied to the full <br />payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shail be <br />applied first to any prepayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not <br />extend 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 are due under the Note, 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 />items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or <br />ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage <br />Cnsurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in <br />accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tenm <br />of the Loan, L,ender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and <br />such dues, fees and assessments shall be an Escrow Item. Borrower shall protnptly furnish to Lender all notices of amounts to be <br />paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay <br />the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items <br />at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where <br />payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, <br />shall fumish to Lender receipts evidencing such payment within such time period as Lender may require. Bonower's obligation <br />to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this <br />Security Instrument, as the phrase "covenant and agreemenP' is used in Section 9. If Borrower is obligated to pay Escrow Items <br />directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow [tem, Lender may exercise its rights under <br />Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender <br />may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such <br />revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficienC to permit Lender to appiy the Punds at the rime <br />specified under RESPA, and (b) not to exceed the maximum 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 Appiicabie Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including <br />Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the <br />Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and <br />appiying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest <br />on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable <br />Law requires interest to be paid on the Funds, Lender 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 />NEBRA5KA—Single Family—Fannie h1ae/Freddie Mac UNIFORM INSTRUMENT Form 3Q2S 1101 <br />NEBRASKA•MERS GreatDocs� <br />ITEM 2698L4 (101909) (Page 4 0/ 13) <br />