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201148418 <br />one or more of the following forms, as selected by Lender; (a) cash; (b) money order; (c) certified check, bank check, <br />treasurer's check or cashier's check, providedany such check is drawn upon an institution whose deposits are insured ` <br />by a federal agency, instrumentality, 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 <br />locadon as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return <br />any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender <br />may accepf any payment `or partial payment insnfficient to bring the Loan current, without waiver of any rights <br />hexeunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not <br />abligated 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 need not pay interest on unapplied funds. Lender may hold such unapplied funds " <br />until Borrower rnakes payment to bring the Loan current. If Borrower does not do so within a reasonable period af <br />time, Lender shall either apply such fun@s or xetuxn them to Borrower. If not applied earlier, such funds will be <br />applied to the outstanding principal balance undex the Note immediately prior ta foreclosure. No offset ar claim <br />which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due <br />under the Note and this Securiry Instrument 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, 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) principal ctue under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic <br />Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second <br />to any other amounts due under this Security Instrument, and'tihen to reduce the principal balance of the Note. <br />� If Lender xeceives 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 Feriodic 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 e�sts aftex the payment is applied to the fullpayment of one or more Periodic Payments, such excess may <br />be applied to any late charges due. Uoluntaxy 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 Proceeds to principal due under the Note <br />sha11 not 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 <br />Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) t�es and <br />assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the <br />Property; (b) teasehold payments br ground rents on the Property, if any; (c) premiums for any and all insurance <br />required byLender under Section 5; and (d) Mortgage,Insurance premiums, if any, or any sums payable by Borrower <br />to T.ender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. <br />These items are called "Escrow Items. ° At origination ox at any time during the term of the Loan, Lender may require <br />that Communiry Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and <br />assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid <br />under this Section. Borrower shall pay Lender the Funds.for Escrow Items unless Lender waives BorroweT'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 all 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 whexe payable, the amounts due far 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 payment <br />within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts <br />shall for allpurposes 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 Escrow 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 Sectian <br />9 and pay such amount and Borrower shall then be obligated under Section 9 to repay'to Lender any such amount. <br />I,ender may xevoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section <br />15 and, upon suchxevocation, Borrower`shall pay to Lender all'Punds, and in such amounts, that are then required <br />under this Section 3. <br />Lender may, at any time, collect and hold Funds inan amount (a) sufficient to permit Lender to apply the Funds <br />at the time specified under FLESPA, and (b) not to exCeed the maximum amount a lender can require under RESPA. <br />Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures <br />of future Escrow Items or otherwise in accordance with'Applicable Law. <br />The Funds sha1l be heid in an institution whose deposits are insured by a federal agency, instrumentality, or <br />entity (including Lender, 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 RLSFA. Lendex <br />shall not charge Borrower for holding and applying the Punds, annually analyzing the escrow account, or yerifying <br />the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pernuts Lender to make <br />such a charge. Unless an agreement is made in writing ar Applicable Law requires interest to be paid on the Funds, <br />Lender shall not be xequired to pay Borrower any interest or'earnings on the Funds. Borrower and Lender can agree <br />in writing, howevex, that interest shall be paid on the Funds. Lendex shalt give to Borrower, without charge, an <br />annual accounting 'of the Funds as xequired by RESPA. <br />If there is a surplus of Funds held in escrow, as defined under RESFA, Lender shall account to Barrower for <br />the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UMFORM INSTRUMENT DocMag/c� <br />Form 3028 1/01 Page 3 of 11 www.docmagic.com <br />� l--" �,/�✓ <br />.�: Ne3028.dot mnl� . . � �� � � . � � � . � � � � � � . � �. � ... � . � � . . . . � . � . � . <br />