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201102556
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4/4/2011 9:28:28 AM
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4/4/2011 9:28:28 AM
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201102556
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2 oi�o���� <br />1111057785 <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 limited to, the right to foreclose and sell the Property; and to take any action required of <br />Lender including, but not limited to, releasing and canceling this Security Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant <br />and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and <br />will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with <br />limited variations by jurisdiction to constitute a uniform security instrument covering real property. <br />iJNIFORM COVENANTS. Bonower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay <br />when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late ch�rg�s due <br />under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note anc�tl%is <br />Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment <br />under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent <br />payments due under the Note and this Security Instrument be made in one or more of the following forms, 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 agency, instrumentality, or entity; or (d} Electronic <br />Funds Transfer. <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 by Lender in accordance with the notice provisions in Section 15. Lender may return any <br />payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept <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 appty such payments at the <br />time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay <br />interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If <br />Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If <br />not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to <br />foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from <br />making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this <br />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) 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 includes a sufficient 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 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 futl. To the extent that any excess exists after the payment is applied to the <br />full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments <br />shall be apptied first to any prepayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principai 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 <br />or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�E:� 338.2 Page 3 of ]2 Form 3028 1/Ol <br />
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