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20110910� <br />E,7��ZZ'%.`s�fl <br />TOGETHER WTTH all the improvements now or hereafter ezected on the property, and all easements, <br />appurtenances, and fixt�ues now or hereafter a part of the property. All replacements and additions shall also be <br />cflvered by this Security Tnstr�ment. All of #he foregoimg is referred to in this Security Inst�vnnent as the "Property." <br />Borro�+er understands and agrees ttcat MERS holds only legal title to the interests granted by Borrower in this Security <br />Instrument, but, if necessary to comply wixh Ia�cv or custom, MERS (as nominee for Lender and L,ender's successors <br />and assigns) has the rig�t: to exercise any or alI of those interests, including, but not limited to, the right to foreclose <br />and se�I the Progerty; and to take any aclion required. of Lender including, but not limited to, releasing and cancelimg <br />this Security Instxunnent. <br />BORROWER COVENANTS that Borrower is lawfi.�lly sezsed of the estate hereby comleyed and has the right <br />to grant and convey the Property and tliat the Property is unencumbereti, except foz encumbrances of recard. <br />Borrower warrants and wilt defend generally the titIe to the Property against all claims and demands, subject to any <br />encumbrances of record. <br />THIS SECURITY INSTRUMENT combines unzform covenants fornational use and non-uniform covenants with <br />Iimited variations by jurisdiction to constitute a uniform security instrument covering reai property. <br />UNIFORM COVENANTS. Bozrower and Le�ader cavenant and agree as follows: <br />1. Paym �►t of Principal, Interest, Escrow Ttems, Prepayment Charges, and Late Charges. Borrower shali <br />pay when due the principal of, and 'uxterest on, the debt evidenced by tb.e Note a:ad any prepayment charges and Iate <br />charges due under the Note. Borrower shall also pay fimds for Fsczow Items puzsuant to Sectzon 3. Payments due <br />under the Note and this Security Instrument shall be made in U.S. currency. However, if any chExk or otber <br />instrument re�eived by Lender as payment under t�e Note or this Seeurity Instrument is retumed to Lender tuipaid, <br />Lender may require tb:at any oz aII subse�ent payments due uader the Note and this Security Instrument be made in <br />one or more of the following forms, as selected by L�nc3er. (a) cash; {6) money order; {c) certified check, bank check, <br />tceasurer's check or cashier's ch�k, provide3 any such check is drawn upon an institution whase deposits are insur� <br />by a fedezal agency, insmtmentaliry, oz entiry; or (d) Electronic F�nds Transfer. <br />Paymerns are d�med re�;eived by L�nder when received at the location designat� in the Note or at such other <br />location as may be d�ignated by Lender in accordance with the notice pmvisions in Secrion 15. Lender may ret�un <br />any payment or partial payment if the payment ar gartial payments are insufficient to bring the Loan current. Lender <br />may accept any payment or partial payment insufficient to bring the I.oan current, without waiver of any rights <br />here,under or prejudice to its rights to refuse such payment or partial payments in the future, but I.ender is not <br />obligatad to apply such payments at the time such paymerns are accepted. If each Periodic Payment is applied as of <br />its scheduled due date, then L,ender need not pay interest on unapglied funds. T.ender may hold such unzpplied f�mds <br />uutil Borrower makes payment to bring the Loan current. Tf Borrower does not do so within a reasoaable period of <br />time, Lender shall either agply such funds or return them to Borrower. If not applied earlier, such fuads will be <br />applied to the outstanding principal balance �der the Note immediately prior to foreclosure. No offset or claim <br />which Borrower might have now or in the future against I.snder shall relieve Borrower from making paymants due <br />under t1ze. Note and this Secarity Instrument or performing the covenants and agreements secured by tbis Security <br />Instn�meat. <br />2. Application of Paymeuts or Proceeds. Except as otb.erwise described in this Section 2, all payments <br />accepted and applied by I.ender shall be applied in the foIlowing order of priority: (a) interest due tlnder the Note; <br />(b) principal due 2mder the 1Vote; (c} amounts due under Section 3. Such payments shall be apglied to each Periodic <br />Payment in the order in which it became due. Amy zem«ai�ning amounts shall be applied �irst to late charges, second <br />to any other amounts due under #his Sec�rity Instrume�, and then to reduce the principal balance af the Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic PayAaent which includes a sufficient <br />amount to pay any iate charge dua, the payment may be applied to the delinquent payment and the Iate charge. If <br />mora thau one Peziodic Payment is outs#anding, Lender may apply any payment received from Borrower to the <br />zepay�aent of the 1'eriodic Payxnents if, and ta the extent rhat, each paynuent can be paid in full. To the extent that <br />any excess exists after the paymem is applied ta the full payxnent of one ox more Periodic 1'aymeats, such excess may <br />be applied to any late charges due. Voluntary prepayments shall be a�plied first to any prepaymeu.t cha.rges and then <br />as described in the Note. <br />Any application of pay�memts, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note <br />shall not extend or postpone tkte due date, or change the amount, of the Peziodic Payments. <br />3. Funds for Escrow Ttems. Borrower shall pay to Lender on the day Periodic Payments are due undez tb.e <br />Note, until the Note is paid in full, a sum (ttie "Funds") to provide for payxnent of amounts due for: (a) taxes and <br />asse,SSments and ather items which can attain priority over this Security Instrument as a Lien or encumbrance on the <br />Properry; (b) leasehold payments ar ground rents on the Property, if any; (c) premiums for any and all insurance <br />requized by Lender under Section 5; and (d} Mortgage Insurance prexniuius, if aay, or any sums payable by Borrower <br />to Lemder in Iieu of the payment of Mortgage Insiu�ance premiums in accorciance witb. the provisions of SecLion 10. <br />These items are called "Escrow Items." At origima�ion or at any time during the term of the Loan, Lender may require <br />that Community Association Dues, Fees, and Asse.ssmeats, if any, be escrowed by Borrower, and such dues, fees and <br />assessments sl�all be an Esc�ow Item. Barrawer 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 I.�nder waives Bozrower's <br />obligation to pay the Funds for any or aIl Fscrow Items. Lender ma.y waive Borrowex's obligation to gay ta Lznder <br />Funds foz any or all Fscrow Items at any ti�me. Any such waiver may only be in writing. In the event of such waiver, <br />Borrower shall pay directly, �vhen and where payable, the amounts due fox �ny Escrow Items for which payment of <br />Funds has beEn waived by Lender and, if Lender requires, shall fumish to Lender za:eipts evidencing such payment <br />within such time period as I,ender may require. Bonrowez's obligarion to make such payments and to provide reeeipts <br />NEBRASKA—Sing[e Farrslly—Fann(a Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Docddagle� <br />Form 3028 7/01 Pege 3 of 11 www.doa»agic.�m <br />� <br />