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<br />any �ayment or partial payment insuf�icient 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 apply 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 Bonower makes paymentto bringthe Loan curren�
<br />If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to
<br />Borrower. Ifnot applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately
<br />prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve
<br />Borrower from making payments due under the Note and this Security Instrument or performing the covenants and
<br />agreements secured by this Security Instrument.
<br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
<br />accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
<br />(b) prmcipal due under the Note; (c) amounts due under Section 3. Such payments shatl be appliedto each Periodic Payment
<br />in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other
<br />amounts due under this Security Instrument, and then to reduce the princi�al balance of the Note.
<br />If Lender receives a payment from Bonower for a delinquent Periodic Payment which includes a su�cient amount
<br />to pay any late chazge due, the payment may be applied to the delinquent payment and the late charge. If more than one
<br />Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment ofthe Periodic
<br />Paynnents if, and to the extent that, each payment can be paid m full. To the extent that any excess exists after the payment is
<br />applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary
<br />prepayments shall be a�plied first to any prepayment chazges and then as described m the Note.
<br />Any application ofpayments, insurance proceeds, or Miscellaneous Proceeds to principal due under theNote
<br />shall not extend or postpone the due date, or change the amount, ofthe Periodic Payments.
<br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Pa ents aze due under the Note,
<br />until the Note is paid in full, a sum (the "Funds") to provide for payment ofamounts due for: a) taaces and assessments and
<br />other items which can attain priority over this Securrty Instrument as a lien or encumbrance on the Properly; (b) leasehold
<br />payments or ground rents on the Property, if any; (c) premiums for any and all insurance rec�uired by Lender under Secrion 5;
<br />and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender �n lieu ofthe paymeirt ofMortgage
<br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items: ' At origination
<br />or at any time during the term ofthe Loan, Lender may require that Community Association Dues, Fees, and Assessments, �f
<br />any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Bonower shall promptly
<br />furnish to Lender all notices Qf amounts to be paid under this Section. Borrower shall pay I,ender the Funds for Escrow Items
<br />unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
<br />obligation to pay to Lender Funds for any or all Escrow Items at any tune. Any such waiver may only be in writing. In the
<br />event of such warver, Borrower shall pay duectly, when and where payable, the amounts due for any Escrow Items for which
<br />payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
<br />payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide
<br />rece�pts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrwnent, as the phrase
<br />"covenant and apreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waxver,
<br />and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such
<br />amount and Bonower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the
<br />waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,
<br />Bonower shall pay to Lender all Funds, and in such amounts, that are then reyuired under this Section 3.
<br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to ap ply the Funds at
<br />the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender
<br />shal l estimate the amount of Funds due on the basis of current data and reasonable estimates ofexpenditures offuture Escrow
<br />Items or otherwise in accordance with Applicable Law.
<br />The Funds shall be held in an instrtution whose deposits aze insured by a federal agency, instrumentality, or entity
<br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home I.oan Bank. Lender sha11
<br />apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower
<br />for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless I.ender
<br />pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is
<br />made in writing or Applicable Law requires mterest to be paid on the Funds, Lender shall not be required to pay Borrower
<br />any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the
<br />Funds. Lender shall give to Bonower, without charge, an annual accounting of the Funds as reyuired by RESPA.
<br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the
<br />excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender
<br />shall notify Bonower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
<br />shortage m accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in
<br />escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall payto Lender the
<br />amount neeessary to make up the deficiency in accordance with RESPA, but m 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
<br />Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pay all taaces, assessments, charges, fines, and impositions ariributable to the
<br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Properiy, if any,
<br />and Community Association Dues, Fees, and Assessments, if any. To the extent that these rtems are Escrow Items, Borrower
<br />shall pay them in the manner provided in Section 3.
<br />Bonower shall promptly dischar�e a.ny lien which has priority over this Security Instrument unless Bonower: (a)
<br />agrees in writing to the payment ofthe obli ation secured bythe lien in a manner acceptable to I,ender, but only so long as
<br />Borrower is performing such agreement; (b� contests the lien m good faith by, or defends a�ainst enforcement ofthe lien m,
<br />legal proceedu►gs which in Lender's opmion operate to prevent the enforcement of the lien while those proceedings are
<br />pending, but only until such proceedings are concluded; or (c) secures from the holder ofthe lien an agreement satisfactoryto
<br />Lender subordinahng the lien to this Securit� Instrument. IfLender determines that any part ofthe Pro�eriy is subject to a
<br />lien which can attain priority over this Securrty Instrument, Lender may give Borrower a notice identifymg the lien. Within
<br />10 days of the date on which that notice is given, Borrower shall satisfy the lien or talce one or more of the actions set forth
<br />above in this Section 4.
<br />Lender may require Borrower to pay a one-time chazge for a real estate tax verification and/or reporting service
<br />used by Lender in connechon with this I..oan.
<br />5. Property Insurance. Bonower shall keep the improvements now existing or hereafter erected onthe Property
<br />insured against loss by fire, hazards included within the term "erctended coverage," and any other hazards including, but not
<br />limited to, earthquakes and floods, for which Lender requires insurance. This msurance shall be maintained in the amounts
<br />(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
<br />sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by
<br />Borrower subject to Lender's right to disapprove Bonower's choice, which right shall not be exercised unreasonably.
<br />Lender may require Bonower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
<br />determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification
<br />services and subsequent charges each time remappmgs or similaz changes occur which reasonably might affect such
<br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac iJNIFORM INSTRiJMENT (MERS) Form 3028 1/Ol (page 3 of 8 pagesJ
<br />12439.CV (1/08) K1149GMAC Creative Thinking, Inc.
<br />GOTO(OOObd6t2)
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