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2o��o5ss� <br />BORROWER COVENANTS that Bonower 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 <br />and will defend generally the title to the Property against all claims and demands, subj ect to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited <br />variations by jurisdiction to constitute a uniform security instrument covering real property. <br />Uniform Covenants. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall <br />pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late <br />charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under <br />the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other in.ctntment received <br />by Lender as payment under the Note or this Security Instrument is retumed to Lender unpaid, Lender may require that <br />any or all subsequent payments due under the Note a,nd this Security Instrument be made in one or more of the following <br />forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's <br />check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, insirumentality, <br />or entity; or (d) Electronic Funds Transfer. <br />Payments are deemed received by Lender when received at the location designated in the Note or at such other location <br />as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may retum any payment <br />or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept a.ny <br />payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice <br />to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments <br />at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender <br />need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes paymenfs to bring <br />the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or <br />return them to Bonower. If not applied earlier, such funds will be applied to the outstanding principal balance under the <br />Note immediately prior to foreclosure. No offset or cla.im which Borrower might have now or in the future against Lender <br />shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants <br />and agreements secured by this Security Instrumen� <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted <br />and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal <br />due under the Note; (c) a.mounts due under Section 3. Such payments shall be applied to each Periodic Payment in the <br />order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts <br />due under this Security Instrument, and then to reduce the principal bala.nce of the Note. <br />If Lender receives a payment from Bortower 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 <br />Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic <br />Payments if, and to the extent that, each payment ca.n be ptid in full. To the extent that any excess exisis after the payment <br />is applied to the full payment of one or more Periodic Payments, such excess may be applied to a.ny late charges due. <br />Voluntary prepayments shall be applied first to any prepayment charges a.nd then as described in the Note. <br />Any application ofpayments, 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 sha.11pay to Lender onthe day Periodic Payments are due undertheNote, 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 <br />other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold <br />payments or ground rents on the Properly, if any; (c) premiums for any and all insurance required by Lender under Section <br />5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu �the payment of <br />HCFG00359 � � <br />NEBRASKASingle Famiiy-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP� <br />Wolters Kluwsr Financial Services 201107294.0.0.0.4002-J20110224Y Pege 3 of 13 <br />'83069 1 <br />