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201103�2�
<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 5�tion 15. Lender may return
<br />any payment or partial payment if the payment or partial payments are insu�cient to bring the I,oan current. I.ender
<br />may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights
<br />hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
<br />obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
<br />its scheduled due date, then Lender nced not pay interest on unapplied funds. Lender may hold such unapplied funds
<br />until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of
<br />time, Lender shall either apply such funds or retum them to Borrower. If not applied earlier, such funds will be
<br />applied to the outstanding principal ba.Iance under the Note immediately prior to foreclosure. No offset or claim
<br />which Borrower might have now or in the future against Lender sha11 relieve Borrower from making payments due
<br />under the Note and this Security Instrumettt or performing the covenants and agreements secured by this Security
<br />Instrument.
<br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, a11 payments
<br />accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
<br />(b) principal due under the Note; (c) amounts due under Section 3. Such payments sha11 be applied to each Periodic
<br />Payment in the order in which it became due. Auy remaining amounts sha11 be applied first to late chazges, second
<br />to any other amounts due under this Security 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
<br />amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
<br />more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
<br />repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
<br />any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may
<br />be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then
<br />as described in the Note.
<br />Any application of payments, insurance proceeds, or Miscellaneous Proce�eds to principal due under the Note
<br />sha11 not extend or gostpone the due date, or change the amount, of the Periodic Payments.
<br />3. Funds for Escrow Items. Borrower sha11 pay to Lender on the day Periodic Payments are due under the
<br />Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and
<br />assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
<br />Property; (b) leasehold payments or grou.nd rents on the Property, if any; (c) premiums for any and a11 insurance
<br />required by Lender under S�tion 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Bonower
<br />to Lender in Iieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.
<br />These items are called "Escrow Items. " At origination or at any time during the term of the Loan, Lender may require
<br />ttiat Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
<br />assessments sha11 be an Escrow Item. Borrower sha11 promptly furnish to Lender a11 notices of amounts to be paid
<br />under this Section. Borrower sha11 pay Lender the Funds for Escrow Items unless Lender waives Bonower's
<br />obligation to pay the Funds for any or a11 Escrow Items. Lender may waive Borrower's obligation to pay to Lender
<br />Funds for any or a11 Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,
<br />Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for wluch payment of
<br />Funds has been waived by Lender and, if Lender requires, sha11 fuinish to I.ender receipts evidencing such payment
<br />within such time geriod as Lender may require. Borrower's obligation to make such payments and to provide receipts
<br />shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
<br />"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Fscrow Items directly, pursuant to
<br />a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under 5ection
<br />9 and pay such amount and Borrower shall then be obligated under S�tion 9 to repay to Lender any such amount.
<br />Lender may revoke the waiver as to any or a11 Escrow Items at any time by a notice given in accordance with Section
<br />15 and, upon such revocation, Borrower sha11 pay to Lender all Funds, and in such amounts, that aze then required
<br />under this Section 3.
<br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds
<br />at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA.
<br />Lender sha11 estimate the amount of Funds due on tha basis of current data and reasonable estimates of expenditures
<br />of future Escrow Items or otherwise in'accordance with Applicable Law.
<br />The Funds sha11 be held in an institution whose deposits are insured by a federal agency, instrumentality, or
<br />entity (including I.ender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
<br />Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
<br />sha11 not chazge Bonower for holding and applying the Funds, annually analyzing the escrow account, or verifying
<br />the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
<br />snch a charge. Unless an agreement is imade in writing or Applicable Law requires interest to be paid on the Funds,
<br />Lender sha11 not be required to pay Borrower any interest or earnings on the Funds. Bonower and Lender can agree
<br />in writing, however, that interest sha11 be paid on the Funds. Lender shal� give to Bonower, without charge, an
<br />annual accounting of'the Funds as required by RESPA.
<br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender sha11 account to Bonower for
<br />the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as definefl under RESPA,
<br />Lender shall notify Bonower as required by RESPA, and Bonower sha11 pay to Lender the amount necessary to make
<br />up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of
<br />Funds held in escrow, as defined under RESPA, Lender sha11 notify Borrower as required by RESPA, and Borrower
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mec UNfFORM INSTRUMEIVT DoaNl�g/c �
<br />Form 3028 1/01 Page 3 of 11 www.docmagJc.com
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<br />Ne3028.dot.xml
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