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201107578 <br />105369 <br />under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be <br />applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be <br />applied first to late charges, second to any other amounts due under this Security Instrument, and then to <br />reduce the principal balance of the Note. <br />If Lender receives a payment from Bonower for a delinquent Periodic Payment which includes a <br />sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the <br />late charge. If more than one Periodic Payrnent is outstanding, Lender may apply any payment received from <br />Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in <br />full. To the extent that any excess exists after the payment is applied to the full payment of one or more <br />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 applicarion of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under <br />the Note shall not extend or postpone Yhe due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Bonower shall pay to Lender on the day Periodic Payments are due <br />under the Note, unril the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: <br />(a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or <br />encumbrance on the Property; (b) leasehold payments or ground rents on the Properly, if any; (c) premiums <br />for any and all insurance required by Lender under Secrion 5; and (d) Mortgage Insurance premiums, if any, <br />or any sums payable by Bonower to Lender in lieu of the payment of Mortgage Insurance premiums in <br />accordance with the provisions of Section 10. These items are called "Escrow Items." At originarion or at any <br />time during the term of the Loan, Lender may require that Community Association Dues, Fees, and <br />Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. <br />Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Bonower <br />shall pay Lender the Funds for Escrow Items unless Lender waives Bonower's obligation to pay the Funds <br />for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all <br />Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Bonower <br />shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of <br />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 <br />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 agreement" is used in Section 9. If Bonower is obligated to <br />pay Escrow Items directly, pursuant to a waiver, and Bonower fails to pay the amount due for an Escrow <br />Item, Lender may exercise its rights under Section 9 and pay such amount and Bonower shall then be <br />obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all <br />Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, <br />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, collect and hold Funds in an amount (a) sufficient to permit Lender to <br />apply the Funds at the time specified under RESPA, and (b) not to exceed the maacimum amount a lender can <br />require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and <br />reasonable esrimates of expenditures of future Escrow Items or otherwise in accordance with Applicable <br />Law. <br />The Funds shall be held in an institution whose deposits are insured by a federal agency, <br />instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in <br />any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time <br />specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually <br />analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the <br />Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or <br />Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any <br />NEBRASKA—Single Family—Fannie Mae/Freddle Mac UNIFORM INSTRUMENT <br />�+ 338.5 Page 4 of 14 Form 30281/Ol <br />I� <br />