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20110268i
<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 apply such funds 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 the 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 />lf 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 full. 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 shall 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) Mort�a�e
<br />Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu ofthe 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 term
<br />of the Loan, Lender 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 ltem. Borrower shall promptly 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 furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower'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 ltems
<br />directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, 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, colleet 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 maximum amount a lender can require under RESPA. Lender shal I 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.
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumerrtality, 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 [tems no later than the time specified under RESPA. Lender shall not charge Boirower for holding and
<br />applying 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 eamings 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 />NF.BRASKA—Single Family—F:�nnie Mae/Freddie Mac I�NIFORM INS"fRIiMENT Form 3028 U01
<br />NEBRASKA-MERS GreatDocs'��
<br />ITEM 2698L4 (101909) (Page 4 of 13J
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