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20110862� <br />TOGETHER W.C.CH all the improvements now or hereafter erected on the property, and all easemexxts, <br />appurtenances, and fi�ctures now or hereafter a part of the property. .All zeplacements and additions shall also be <br />covered by this Secuzity Tnsm�ment. All of the foregoi�ng zs referred ta in ttvs Security Instnunent as the "Properiy." <br />Bonrower understands and agrees that MERS holds only legai title to the interests grauted by Borrower in this Security <br />Instrument, but, if necessary to comply with Iaw or custom, MBRS (as nami�aee for Lezzder and Lender's successors <br />aud assigns) has the right: to exercise any or alI of those interests, including, but not limited to, the right to foreclose <br />and sell the Properiy; and to take any action required of Lender including, but not limited to, releasing and canceling <br />this Security T�istrument. <br />BORROWER COVENANTS that Borrower is lawfially seisact of the estate hereby conveyed and has the right <br />to grant and convey the Property and that the Property is unencumbered, except for encurnhrances of zecord. <br />Borrower war.xants aud will defend genezal�y the title to the Property against all claims and demands, subject Co any <br />encumbrances of record. . <br />THIS SECURITY TNSTRUMENT combines uniforw covenants for national use anfl non-uniform covenants wzth <br />limited variations by jurisdictaan to constitute a uniform security instnunent covez'ing real property. <br />UNIFORM COVENANTS. Borrower and Lender cavenant and agree as fallows: <br />1. �'ayment of Principal, Interest, Tserow Items, Prepayment Clzarges, and Late Charges. Borrower shall <br />pay when du�e the principal af, and interest on, the debt evidenced by the Note and any prepayznent charges and late <br />charges due undes the Note. Borrower shall. also pay funds for Escrow Ttems pursuant to Section 3. Payments due <br />u�adez the Note and this Seeu�rity Instrument shall be made in U.S. currency. However, if any check or other <br />instrument received by Lender as payrnent under the Note or this Security Instxument is z�eturned to I.ender unpaid, <br />Lender ma.p require that arty or all subsequent payzuents due under the Tdote and t.his Securiry Tnstruanent be xnade in <br />one or rnore of the following forms, as sele�ted by Lender: (a) cash; (b) rnoney order; (c) certified check, bantc check, <br />treasurer's check or cashier's check, provided azry such check is drawn upan an institution �avhose deposits are insured <br />by a fedezal agency, instrumentality, or entity; or (d) Electranic F�znds Transfer. <br />Paymen.ts are deemed received by I,�nc�er when received at the location deszanated in th.e Note or at sueh ather <br />location as may be designated by T,ender xn accozdance wzth the notice provisions in Section 15. Lender may retuzn <br />any payment or partial payment if the paymeait or partial payments are insufficienE to bring the Loan current. Lendar <br />may accept any payment or partial payment insufficient to bring tb.e �.oan current, arithout waiver of any rights <br />]zerewx�er or prejud'zce to its rigkts to refuse such payment or parrial paynnents in the future, but Lender is nat <br />obligated to apply such paynaents at the time such payrnents are accepted. If each Periodic Payment is applied as of <br />its sched.uled due date, then F.ender need not pay interest on unapplied funds. Lender may hold such waapplied funds <br />untii Borrawer makes payment to bring the I,aan current. If Borrower does not do so within a reasonable period of <br />time, Lender shall either apply such funds or retum them to Borrowez. If not applied earlier, such funds will be <br />applied to the outstanding principal balance under the Note unmediately prior to foreclosure. No offset or claim <br />which Borrower might have now or in the future against Lender stiall relieve Borrower from making paymeants due <br />under the Note and this Securiry Instrument or performing the covenants and agreements secured by this Security <br />Instrument. <br />2. Applfcat3on of Fayments or Proceeds. Except as othenvise c3escribe�. in rhis Section 2, all paymen�s <br />accepted and applied by Lender shall be applied in the foilowing arder pf priority: (a} interest due under the Note; <br />(b) principal due under the Note; (c) amounts due under Section 3. Such pxyments shall be applied to each Periodic <br />Payznent in the order in which it becasne due. Any re�maining arnounts shall be applied first to late charges, second <br />to any other amounts due under ttus Security Instrument, and. then to reduce the principal balance af the Note. <br />If Lender receives a payanent from Boxrower for a delinquern Periodic Payment which includes a s�rfficie� <br />amount to pay any late charge due, the payment may be applied to the delinquent payanent and rhe late charge. If <br />more than one Periodic Payment is outstanding, Lender may apply any payznent zeceived from Bonrowez to the <br />repayznent of the Periodic Payrnents if, and to the extent that, each payment can be paid in full. To the extent that <br />any excess exzsts after the payment is applied to the full payment of one or more Periodic Payments, such excess rnay <br />be applied to any Iate charges due. Voluntary prepayments shall be applied. first to az�y pzepayment charges and tiaen <br />as described. in the Note. <br />Any application of payments, insuzance proceeds, or Miscelianeous Proceeds to principal due urtder the Note <br />shall not e�ctend or postpone the due date, or change the amount, af the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to T.ender 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 payrnent of amou.nts due for: (a) taxes and <br />assessments and other iterns which can attain priority over this Se�urity Instnunent as a lien or encumbrance on the <br />Pznperty; (b) Ieasehotd payments or ground rents on the Froperty, if any; (c) premiums far any and all insurance <br />required by Lender under Section 5; and (d) Moxtgage Insurance premiums, if auy, or any sums payable by Barrower <br />to L�nc�er in lieu of the payment of Mortgage Insurance prerniums in accordance with the provisious of SecTion 1 d. <br />These itenas are called "Fscrow Iterns. " At origination or at any time during tlle eerm of the Loan, L$nder may require <br />that Commtznity Association Dues, Fees, a�d Assessments, if any, be escrowed by Borrower, and such dues, fees and <br />assessments shall be an Escrow Ttem. Bonower shatl promptly fu�rnish to Lender all notices af amotu�ts ta be paid <br />under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender wai.ves Borrower's <br />obligation to pay the FuacYs for any or all Escrow Items. Lender rnay waive Borrower's obligation to pay to Lender <br />Funds for any ox all Escrow Items at any tizne. Any such waiver rnay only be in writing. In the event of such waiver, <br />Borrower shall pay directly, when and where payable, the amounts due for any Bscrow Items for which payment of <br />Funds has been waived by Lender and, if Lender requires, shall furnish to LendeF receipts evideucing such payment <br />wiRthin such time period as Lender may require. Borrower's obligation to matce such payments and to provzde receipts <br />NEBRASKA—Singte Family--Fannie MaelFreddie Mac UNIFORNE INSTRUMENT - MERS p;Q�ya,qiC� <br />Form 302$ 1/01 Page 3 of 11 www.dxmaglc.mm <br />Ne302&mzd.ud <br />