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HomeMy WebLinkAbout20074987NUM PGS ~~i , DOC TAX CN# fEES.~Q PD 8~s.~ CK# //~3 53 ' , CHG ACCT# RET REES:_.DASN~R.0.D. CK#_ ~" REC'D ~fP/1/JT~C +F'rsrSG'rDia L.L~ REiURN~~Tr}"~c ~~- L'sc_ro„L~,ie /. ~ 30~! L~~~ar/~ iPc~ ~'ti (al ~~ah~. ,dE (~/vv I~N~IVNwIIII~iN~ •~~=;49e, ~~~ NUM _~/~sAri e A^~G` `~"a''~ REGISTER OF DEEDS RD. COMP X A,~a ~ • ~ COMPARE / ~ , CADAS A0 ~/ . ----_ ..RaaunTor~ Chaaa USA c/o CHR, LLC Attn: Trailing Docummta Monroe, LA 71203 1lrepared By: Bulava, Borgoy SfUL~ - ~/s"""7_ 9 ti y~ 700 Kansaa Lane Mail Codmp LA4-4106 Above This LI¢e For D>:e1xlTTOxs DEED OF TRUST Words used m multiple aeetlvna of thk document an defined below mid other wordy are de5sed i¢ Sections 3, 17, 13, 18, 20 and 21. Certain riles regarding the usage of words used m this doaanem are ` also provided iu Section 16. (A)'Security Iostrument" means this document, which is dated November Ob, 2007 , together with all Riders to this daeimlmt (B) IBOrrOWtr" u~ FttT B HOCK Ate JENHIHER J HOCK, HQ98AND AND OPZFE i'T(, ~~' Borrows is ehe trustar order this Security lnstrlarierrt. 1050466191 N+®RASKA - Slagle Family - Fannle Mae/Freoale Yae UNIFORM INSTRUMDIT -a(NC110c07) P0001ef is WWn ~~ VNP N01+1~ 6MUllan,, Inc. 100 11.7101 4 S f r ~, ~F , r: p~. A: s r i' t v Y ~'. ti l f ~d 'i. ~Z/ fL /~ ~ CLEAN TITLE & ESCROW, LLC. 13304 SUITE 109 ROAD OMAHA, NE 68144 Forcn 7028 7101 20079987 (C7'7.[nder"is Chaco Hank USA, N.A. Lender is a National Aaieoaiation orgeniaed find existing under the laws of united states Lender'saddress is 200 rPhite Clay Confer Drive Newark, D8 19711 Lender i9 the beneficiary under this Sectuity Instrument. (A)'Tru6tee"16 Stewart Title Guaranty Company (f) "Note" means the promissory note Signed by Homower and dated November 05 , 2007 'Ihe Nok states that Borrower owe Condor Oa® aundxed 8i£ty-beven 'Thousand Fives Aundred and 00/100thc 1Mllets (U.S. S 157 , 500.00 )plus intetesi. Borrower has promised to pay this debt in regulm• Periodic Payments and to pay the debt N hill not later than De~~+T~~ OS, 2037 (F) 'Troperty" insane the property that is descnbed below under the heading '"fransfer of Rights in the Property." (G) '4.oan" motors the debt evidrnced by the Noce, plus interest, arty Prepayment charges end late charges due under the Note, sad all sums mte under this Security lnsmrmrnr, plus interest ~ "Alders" means all Riders to this Security Inenranrnt thffi are executed by Borrower. 'Ihe follmving Riders are to be executed by Botnowtr [check box as applfeableJ: ® Adjustable Rate Rick ^ Condominium Rider ~ Second Homes Rider oU Balltron Rider ^ Plsnned Unit lleve{opment Rider .1-4 Fmni[y Rider VA Rider ^ Biweekly Payment Rider . ^ Other(s) [specify] m "Applicable Lew" means all cartrolling applicable federal, slate and local statutes, regulations, ocd'mamws end lniarmtive Hiles end orders (that have the effect of law) as well as all applicable final, non-appoalebk judicial opinions. (.1) "Community Association Daes, Fees, and Assessments"means ell dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condommitmm association, hameownas association or similar organization l~ "EleMronic Funds Transfer" means arty trtutsfer of fiords, other than a transattioa originated by check, draft, or similar paper insttumrnt, which .h initiated through an ekcmmic terruiusl, telephonic lastmmem, cmnputtr, or magnetic tape so as to order, instnrct, or authorim a finencia] institution to debit or credo an account. Such reran includes; but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wits transfers, and autaruated clearinghouse transfers. (L) "Recrow Items" means those items that ere described in Section 3. ' (M) "Mlscelleneous Proceeds" means airy cmnpensetion, settlement, award of damages, or proceeds Paid try e4y [hind party (other than insurance proceeds paid under the coverages descnbed iii Section 5) for. (i) dttwlge to, or desWcNon ot; the Property; (ii) condemnation or other takhrg of all oc anY pert of the Property; (ui) conveyance in liar of candemrtetion; or (iv) misrepresetmtlons ot; as omissions as tq the value and/or condition Of the Property. (P>) "Mortgage Insurance"means insurance protecting Lender agahttt the nonpaymlAt ot, or default on, the Loan. mm ~~ -6(NE) (user) ~~ or r6 ,., ^ ,~pnn 2028 1101 a~i~ t . r,), ',. ~' I' r i~ ,; d u `, 4" y4; 20p79~87• F ~~ . ^~.. f '~ (O) 'Periodic Payment" means the regularly scheduled ammun due for (7 principal and intmest under the Note, plus (ii) any amounts under Section 3 of this Saurtty hrshument (P) "RESPA" means the Real Estate Settlement Procedures Act (I2 U.S.C. Section 2601 et seq.) and its implemrnting regulation, Regulation X (14 C.P.R. Part 3500), s5 dney might be ametrded $om time to time, or any addldonal a successor legislatlon or regulation that gwtms the soma subject matter. As used in this Security Ltatrumrnt, "RESPA" refers to atl requiremenb and remidlons thaz aro Imposed in regud . to a "federally rehded mortgage loan" evrn if the Loan does not qualify as a "federally ttlated mortgage loan" tender RPSPA. (Q) l5ucceaaor in Tntm-est of Borrower" mean atry patty that has taken title to the Property, whether or not that party has assumed Borttnvet' s obligations tender the Note andJm this Security Instnunent. TRANSFER OF RIGHTS IN THE PROPERTY This Security Insttumem secures to Lender: (i) the tep~rneut of the Loan, end all rrnowals, extensions and modificffiions•of the Note; and (ii) the per!•onmaace of Borrower's covenmm end agteemeub under this Security Iaslnanent and the Note. For This putpose, Borrower irrevocably grants and conveys to Tnnatee, in trust, with power of sale, the follawhrg described property located in the aavNTx of Adame t~'Pa of Recording ruriWiction] 6EE ATTACHED EXHIBIT A Parcel ID Numbs: 1606 APACtiE AVE Has>•' ^~s ("Property Address"): [Nano of Aecord'¢~ Jndsdlcrlon] which cmreudy has the address of [~] [Clry], Nebrasl®. 68901-0000 [Zip Cod.] TOGETHER WIl'H ,all the 'vnprovements now or heteaRor erected on the property. and all easements, appuuMnances, and fwrnes now or hereafter a pmt of the property. All replacements and additions shall also be covered by dds~ Secmity Instrument. All of the foregoing is referred to m this Security ffistrument as the "Property-" BORROWER COVENAM'S drat Borower is IawRdly seised of the estate hereby conveyed end has the right to grant and convey the Property and dot the Property is unmcumbared, «cept for enwmbrances of record. Borrower wmmnts end will defend generally tine title to the Property against all claims and dam®ds, subject to toty enntmbranus of record. ~•a1Ht7 ro,on 1050466191 u nsaa of to Form 3028 1/01 -~~/G 20074.987 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform COVtlDaatB With litnlted vatiat[Ona by jmisdicnon t0 COnsNnrte 8 nnItO1ID Security lIL4lllIInant COVBrIn$ real In~E7ty~ UNIFORM COVENAN'T'S. Borrower and Lender covenant and ogee as follows: 1. Payment of Prlnclpsl, Iaternst, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay whey doe the principal of, and Interest on, the debt evidenced by the Note and any prpaymem charges and late charges due under the Note. Borrower shall also pay funds for Escmw Items pursuant to Section 3. Paymems due under the Note and this Seraaity Inslnmrrnt shell be made in U.S currency. However, if say check or other instrument received try Lender as paymem ender the Note ru this Security Instrument is retrrmed to ].ender unpaid, lender may require then any or all subsequent payments due under the Note and this Sectaity Instrumrnt be made in one or more of the following fbrrns, as selected try Lender. (a) cash; [b) money order, (c) certified check, bank check, treasurer's cluck or calhiet s check, Provided any such check is drawn ttpem an hulitrfion whose deposits are instead by a frdval agency, instrumentality, or entity; ar (d) Elearonic Funds Tramfer. payments era deemed received by Leader when received at the lacatioa designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section IS. l,endor may rohrm a~ paymwt ar partial payment if dte peymeat or pmtisl p~menb a>< insufficirnt to bring the Loan current Lender mqy accept ar{y payment or partial payment insufficient W bring the Loan currmrt, without waiver of any rights herounder or prejudice to its rights to refuse such paymem or partial payments in rho future, but Candor is not obligated to apply such payments et the tune such paymeat5 are accepted Tt each Periodic Payment is applied as of its scheduled due data thin Lender need not pay interest on unapplied Rinds. Lender may hold such unapplied funds until Borrower atalcea payments to bring the Loan centaur It Borrower does not do so wlthln a reasonable period of time, Lendtr shall eider apply such Rends or remm them ro Borrower. If not applied earlier, such funds will be applied Ln the outstanding principal balance under the Nate immediately prior m foreclosure. No ofl~et or claim which Borrower might have now or in the ftrture against Lender shall relieve Borrower from mal~g payments due under the Note end this Security Instrumrnt or performing dte covenants and egeemenis secanad by this Security Instruunent. 2. Application of Paymrntt or Proceeds. Except as otherwise descAbed in this Sxtion 2, sll payments accepted and applied by Lender shall be applied In the following order of priority: (a) interest due under the Note; (b) prMdpal due under the Note; (c) amounts due under Section 3. Such paynrenea shell be applied to each Periodic Payment in the order m which R became due. Any remaining amounts shall tx applied first b7 tau charges, second to any other amounts due under this Security Insttvment, and thin to reduce the principal balance of the Note. if Lender receives a payment from Boaower far a delinquent Periodic Paymem which includes a sufficient mnaunt tb pay any fate charge due, the payment tray be applied to the del'vtqumt payment and the late charge. If more tltmt one Periodic Payment is outstanding, Lender may apply avy Payment received fmm Botsower to the repavmem of the Periodic Pap~rn®ts if, ®d to the «oent that, each payment can be paid is Tali. To the extent that any excess exists after the paymem is applied m the full payment of one or mare Periodic Paynrnts, such wtceas may ba applied to any late charges due Voluotmy prepayments shall be applied fast m anY prepaymrnt charges and then as described in the Note. Any application of ptrymams, insurance proards, or Miscellaneous 13uceeda to principal due under the Note shall not e#ettd or postpone the due data or change the amoum, of dre Periodic Paymeap. 3. FLnda for Escrow Items. Borrower shatl' pay to Lender on the day Periodic Payments ere due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of mnouats due for. (a) taxes and easessmen~ and other items which can attain priority over ThL1 SecmitY TI19trnIDem es a lies or encumbrmtce on the Property; (b) leasehold paymams or ground rents on the Property, if any; (c) premiums far any and all insurance required by Lender under Section 5; rnd (d) Mortgage lasmance 1050466191 Intl r~t~.a lNq ~O~pr1 r~<af to ~ Fong 8026 1101 yrf/~ hY•, 200?498? premiums, if nay, or any stuns payable by Borrower to Lender in IIeu of the payment of Mongage Inaiasrtce premitans in accordance with the provisions of Section ]0. These itevts me called "Escrow ]toms." At orighradon or at any time dtaing dte term of Cte Loan, Linder may require that Cammtmity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be, an Bserow Jtem. Borrower shall promptly furnish to Lender all notices of smoums to be paid tinder this Seclion. Borrower shall pay Lendtr the Funds far Escrow Items tmless Ladder waives Borrower a obligation to pay the Funds far enY or s11 Bscrow Items. Linder may waive Borrrnver' s obligation to pay to Lender Funds for any or all Escrow Items at any trme. Any such waiver may only ba in writing. In the event of such waiver, Borrower shall pay drectly, when and where payable, the amotmts due for any Escow Items for which peyrnmt of Funds has been waived by Linder avd, if Lender rctptites, shell furnish to Lender receipts evidencing such payment within sudr time period as l.ender.may require. Borrower's obligation to make such paymrnts end to provide receipts shall far all proposes be deemed to be a covenant cad egieemerrt contained m this Seotrity Instrtanent, as the phrase "covemm cad egreem®t" is used in Section 9. [f Borrower is obligeted.to pay Fsmow Items directly, ptnsttant to a waiver, and Borrower fails to pay the amount due for m Escrow Item, lender may exercise its rights under Section 9 and pay suah amotmt cad Borrower shall thrn be obligated larder Section 9 to repay to Lender any such amWm[. Lender may revoke the waiver as [o any or all Escrow Items at any time by a notice given in accordance wiW Secti® 15 end, upon such revocaliav, Borrower shall pay to leader all Funds, sad in such amotatta, that aro then required under thls Section 3. ' Lender may, at any time; co0ect and hold Funds in ao amotmt (a) sufficient to permit Lender to apply the Furuls at Cte time speciied tinder RESPA, and (b) not to exceed Cte ma~dmam amotuu a lender ran requfrc under RfiSPA. Lender shall estimate the amoum of Ftmds due art the basis of i:»rrent data and reasonable esthnates of expenditures of Callao Escrow hens or otherwise tit accordance with Applicable Law. The Ftmds shall be held in an institution ivltose deposit aro 'valued by a federal agency, inatrmnrntality, or entity (including Linder, if [.ender is en institution whose deposits ue ao insured) or in a~ Federal Home Loan Bank Lender shall apply the Funds W pay the Escrow Ttems no later than the lima specified tinder RESPA. Linder shall not charge Borrower for holding end applying the Funds, annually mialyzing the escrow accotaa, or verifying the Bsaow Itmu, unless Linder pays Borrower interact on the Funds end Applicable Law permits Lender to make such a charge. Unless an agreement Ia trade in wrMng or Applicable Law ~equiresattenrt to be paid on the Funds, Lender shall vat be required to pay Borrower ®y intei~t ar earnings on the Funds. Borrower amt Leader can agree in writing, however, that interest shall be paid oa the Ftmds. Linder shall give W Borrower, without charge, an annual accotmting of the Ftmds as required by 1tESPA. if there is a sttrplus of Funds held is escrow, as defined tinder RESPA, Linder shall account to Borrower far fhe excess funds in tuxordance with RESPA. Tf there k a shortage of Ftmds held in escrow, as defmod tinder RESPA, i.ender shall notify Borrower av required by ItFSPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in aecordana with RESPA, but in no mote thin 12 monthly payments. If them is a deficiency of Funds held in escrow, e9 defined under RESPA, I:ender shall notify Borrower as retluirod fry ItESPA, apd Borrower shall pay to Lender the emotmt necessary to make up the deficiency in accordance with ItF3PA, but in no more than 12 monthly payments. Upon paymoat in full of ell sums secured fry this Security Instrument, Lender shall promptly rcflmd to Borrower any Funds bald by Lender. 4. Charges; Liens. Borrmver shall pay ell taxes; esscsmeffi, charges, fares, and impositions attribtnable to the Property which can attain priority over this Seetvity Instrtmtent, ]caaehold payments or ground ants on the Property, if any, and Coaruttnity Association Dues, Fees, and Assessments, if say. To the extort that these items ~ Estxow Items, Borrower shall pay Clem is the [Wanner provided in Section 3. 1050466191 IN -0(NE) tr4rr; os~s of to - _^ / Fpem 0048 7101 S7 /G r to .P ~~ F ti i ,r ~' [~ I: Cl' i:: ~:. n+ ~~ 20074887 Borrower shall promptly discharge my lieu which has priority over this Security Inatrmnent unless Borrower: (e) agrees in writing to the payment of the obligation secured by the lien br a preauer acceptable m Lender, but only so long az Borrower is performing such agrxmeat; (b) cordests the lien in good faith by, or defends against enforcement of the Gen iq legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are peM+.~, but only until such proceedings ere concluded; or (c) 9eem'eS from the holder of rho lirn m agreement satisfactory m l.rnder subordinating the (irn m this Security Inatmmrnt. iE Leader determines that my pert of the Propeety is subjeot m a lien which can attain priority over this Security Trtelnu,rwar, Lmdar may give Borrower a notice identifying the ]tea Within 10 days of the date oa which thaz notice is given, Borrower shall satisfy the lien or take one or more of the ecdons stt fords above in this Secdon 4. Lender may regrtve Borrower to pay a one-time dtarge for a real estate tax verification mdlor reporting service used by Linder in connection wrtb this Loan. 5. Property lsuranee. Borrower shall kap the kttprovemmta now existing or hereafter erected an the Property insured against loss by fue, hazards included within the term "extended coveragq" and my . othet.hazatds including, but not llmlted m, tarthquakes and fkads, for which Lender requires Instance. Thls inataanca shall ba malntahtad In the amoimts (including deductible levels) and for the periods thar Lender requires. What Lender requires pursuant to the preceding srntrnces can change during the term of the Loan. The hisirance carrier providing die lnsuance shall be chosen by Bannwer subject to Cinder' a right to disapprove Borrower's choice,'whlch right shall sot be exercised tmreasottably. Lender tray require Borrower to pay, m comiection with this Loan, either. (a) a ono-time charge for flood mne detem»uation, certification and tracking services; ar (b) a one-time charge for flood zone determination and certification'services and aubsequmt chsges each time remappings or similar changes occur which reasonably might affect such dettsaiination or rertificatian. ,Borrower shall also be responsible for the payment of any fees imposed by the Federel Emergency-Management Agenry ur cocmection with the review of my flood zone determination resulting from en ol;jection by Borrower. Tf Borrower fails m maintain my of tbo coverages described above, Linder may obtain insumace coverage, at Lender's option and Borrower's expetrsa Linder is under ao obfigffiw to purchase any pattimler type or amount of coverage. Therefore, such oovuage shall cover Lender, but might or tni~t not protect Borrower, Borrower's equity in the Property, w the wruents of the Property, against ttgy risk, hamrd or liability and might provido greeter or I~ser ooverage then wav previously in effect. Borrower acknowledges that the cost of the instaance ooyerage so obtained might significantly exceed the cos[ of iasurmce that Borrower could have obtained Any amounts dislauaed by Lender under this Section 5 shall become additional debt of Boxrawer scatmd by this Secimty losuument. These atneunts shall bear interest et the Nok rata ffom the date of dlsbutsement and shall be payable, with such interest. upon notice from Linder to Harrower requesting payment. All htaurartce policies required by Linder and reiiewals of such policies shall be subject to L.ende~ s right to dtsapprove such pollcits, shall include a stmdartl rrmrtgage clausq and shell name Lendcr.az mortgagee and/or az as additional loan payee. Lender shall have the right to hold the polloies and renewal cerdtlcates. If Lender roquitea, Borrower shall promptly give m Linder ail receipts of paid premiums end renewal ttotices. If Hmrower obtains any form of insurance coveaagq not otherwise required by Lender, for damage to, or deslmction of, the Property, such pollcy shall include a standard mortgage clause and shall [tame Leader az mortgagee md/or es an additimal loss payee. In the event of loss, Borrower shall give prompt notice to die htsurttnce crier and Lender. Lender may make proof of lose if not made prompty by Borrower. lJnless l.mder and Borrower otherwise agree in writing, etry insurance proceeds, whether or not the underlying btsurmice was requked by Lender, shall ba eppliod to restoration or repair of the Property, if the resroradaa or repah is economically feasible and Lender's security is not lessened. Duraag such repair and restoretion period, Lender shall have the tight m hold such iasutmce prooeedv until Lrnder has had an opporttmity to Inspect such Property to ensure die 1050066191 Ibtlals ~.gINE) ry~nrl vs.e e++s ~ t/ Form 3020 1101 ~~/L ,;:. ,,. 20079987 work hen been completed to I.endeY a sads6utlon, provided flat such inapectioa shall Ix undertaken promptly. Leader may dubwse proceeds for the repairs and restoration in a single paymem or in a series of prvgreas payment as the work is completed. Unless an agreemront is made in writing re Applicable Law requires interest to be paid on such insurance proceeds, Lender stroll not lx required to pay Borrowar any interest or earnings on such proceeds. Fes far public adjusters, or oihar third patties, retained by 13orxower shall not be paid out of the msurence proceeds and shell Ix the solo obligation of Borrower. if We restoration or repair is not economically feasible or Lendd s security would be lessened, the tasurance proceeds shall ix applied m the soma secured by this Security Inshumen; whether or not then due, with the ertcays, if any, Paid to Borrower. Such insurance proceeds shall be applied in the order provided for ht Section 2. If Bonowar abandons the Property, Lander may 61e, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a nodes ftom I.endar that fire insumnce carrier has offered m settle a claim, then I.endar may negotiate end settle the claim. The 30-day period will begin whw rho notice is given. la either even; or if Lender acquires the Property under Section 22 or otherwisq Borrower hereby ensigns to Lender (s) Borrower's tigbts m any iaauranee proceeds in an amount not ten exceed the mnounts unpaid under the Note or ibis Security ]nytrmnen; end (b) anY other of llotrower's rigtrta (odor than the right to arty refund of unearned premiums paid by Borrower) under alt inauuanre polioies covering the Property, insofru as such rights era applicable to the wverage of the Roperty. Lender may use the insurance procxds~ other m repair or. restore the Property or to pay amour utrpatd under the Note or tlrls Security Inswm®; whether or not Then due. 6. Occupancy. Bwrnwer shall occupy, establish, and use the Property as Borrower's principal residence withm•60 days after the execution of this Security lnsatwent and shall contimte to occupy the Property as $orvwer' a principal residence for a[ least one year after the date of occupancy, unless l.,ander otherwise ~ Tn writing, which consent shell not bo.umeasonably withheld,. or unless extenuating circumstances exist which ate beyond 8orrower• s.control. 7. Preservation, Maintemaaee end Protection of the Property; Inspxttona. Borrower shall not destroy, damage or impair the Property, allow the Property m deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Bomowtr shall maintain the Property in order to prevent the Property from detaioratmg or decreasing in value due m its condition. Unless h is detcamined pursuam to Section 5 that repair or restaratiom is not economically feasible, Borrower shall promptly repev the Property if damaged m avoid further deterioration or damage. tf insurance or condemnation proceeds are paid in oormeetion with damage ta, ar the taking o; the Property. Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Landm may disburse proceeds for the ropeirs and restoration m a single payment or in a series of progress payments es the work ie corrrpleted. If the insurance or condemnation proceeds are no[ sufficient m repair or restore the Ptnperty, Smrower is not relieved of Borrower' a obligation for the completion of such repair or reataation. Lender or its egart may make reasonable emaies upon and inspections of the Property. If it hay reasonable cause, Lendar may inspect the interior of the improvements on the Property. Leader sha-1 give Borrower notice at the time of or prior ten such an interior iuspoodwr specifying such reasonable cause & Borrower's Loan AppilptSOn. Borrower shall Fx is default if, during the Loan apphcadon process, Borrowar or any persons or entities acting at rho direction of Borrower ar with Borrower's lmowledge or consent gave materially, false, mini n;~a ar inaccumm information ar statements to Lender (or failed m provide Leader with matetla] infurnetion) in cornetYion with the Lomr. Material representations include, but are not limited to, mlrr~entadons concerning Borrower's orcupancy of the Property ea Borrower's principal residence. 1050d661fl1 Inltlal ®-BtNE) ra~ort v~g.7 or 75 - _^// Form 1048 7107 `7g/G 200749'87 9. Protection of Lender's interest in the property and Rights Under this Security Instrtiment If (a) Bommva fails to perform the covenants-and egreentems contained in this Security Instrument, (b) there is a legal proceeding t}i~ might signi8cemly afllrct Lender's interest in the Progeny and/or rights under this Secwity Inatrttment (such as s proceeding fn baNwpiry, probate, for condrmtnation or forfeiture, for enforcement of a lien which may attain priority ova ibis Security Ingtrtrmegt or to enforce laws or regulations), or (c) Borrower has abandoned. the Property, then Lender may do end pay for whateJa is reasonable or appropriate to probed Cinders inteteat in the Property and tights under this .Security lnstiwnant, inchtding protecting and/or assessing the value of the Property, mid sxtaing mtd/or tepairhrg the Property. Lender's actions can includq bu[ are not limited to: (a) paying arty sums sectuad by s lien which has priority over this Security Instnnnent; (b) appearing in court; and (c) paying reasonable attarneya' toes to protect its interest m the Property and/or right wader this Securiy Instrrmtent, htcluding its secured position in s benlattptcy proceeding. Securing the Property includes, but is not limited to, antoring the Property to make repairs, change lorlcs, replace or board up does and windows; drain water from pipes, elimhtate building or other code vlolaitoos a dangerous conditions, and have utilities ttrmed on ar off. Although Lender may take action user this Secdon 9, Lends does not Lave to do so and is not under soy duty or obligation to do so. It is agreed that bender inatrs no liability for not taking any or eB actions audtorited under this Section 9. Any mnoimta disbursed by Lender under this Section 9 shell become additional debt of Bomowa secured by this Security Instrument. Yhese amounts shall Liar interest az the Note rate from the date of diab»rsement and shall be payable, with sorb interest, upon notice from Lender to Borrower requesdog CIE tibia Savrity Instrtment is on a leasehold, Borrower shell comply with all the provisions of the lease If Borrower acquhes fee title to the'Property, the leasehold and the foe thle shall not merge unlcsa Lender agrees to the mergervr writing. 10. Mortgage tasuraace. If Lender required Mortgage Insurance as a condition of making the Loan, Borower shall pay the premiums required to maintain the Mortgage Insurance ~in effect If, for any reason; the Mortgage lnsmartee coverage iequlred by Lender ceases to be available from the mortgage insurer that Pro~~IY Provided such insurance and Barowa.was requited to make separately designated payments toward the premiums for Mortgage Insurntce, Borrower shall pay the premiums requited to obtain average substantially equivalent to the Mortgage Ins»mnce previousy in effect, az a cost substantially equivalent m tbs cost to Borrower of the Mortgage tee; M• previously in affect, lkoro an altetttaze mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurwa coverage i8 not available, Borrower shall tontlnue m pay to Linder the amount of the separately designated payments draz win due when the Insurance coverage ceased to be in efface Lender will accept, use ®d retain these payment as a non-rofwdabla loss reserve in lieu of Mortgage Insuraztce. Such loss reserve shall be non-retimdablq notwithstanding the foot that the Loan t ultimately paid in full, and Lender shall not be required to pay Harowa any interest or eamings on such Toss reserve. Lender can no longer roquire loss reserve payment if Mortgage Iasvrence coverage (in the amount and for the period thaz Lender requires) provided by an insurer selected by Lender agaut becomes available, is obtained, end Lends requires sepatatey desigtated payments toward the premirvns for Mortgage Irrsumnce. if bander tequirad Mortgage Iasrnence av a condition of mdchtg the Loan and Borrower was required to make separaey designated payments toward the prominma for MoRgege insurance, Bormwa shall pay the premiums required to maintain Mprtgage Iraaurance in effect, or to provide anon-cefimdable loss reserve, until Lender's requiremcat for. Mortgage Insurance ends in accordance with any written agreement between Borrower end Lender providing for such termination or tmtll acmtntuion is required by Applicable Law. Nothing ht this Seciion 10 affects Borrower's obligati to pay interest az the rate provided in the Note. Mortgage Insurance roimburses Lender (ot any entity that purchases the Note) for certain losses h may incur if Borrower does not repay tlu Loan as agreed. Borrower is not a party to the Mortgage Instuanca. Mortgage insures evaluate their total risk on all such insmm~ce In force flan time to ring and may enter into agrooment with other parties that share a modify their risk, or reduce losses. 'these agreements ere ~ tams and conditions that are satisfactory to the mortgage insurer cad the other party (or parties) to these agreement. 'These agreements may require die mortgage insurer to make payments using airy scarce of tlutds maz the mortgage insure may Lave avaihtble (which may include funds obtained from Mortgage Insurance premiums). 1O50d66191 INtleh: ~~a(Nq town vsgea or rs <~~ form 3029 7r07 Ba~C/(~ 2007498? Ae a resuh of these agrumrnb, Lender, any purchaser of the Note, another insurer, arty reinsure[, any other rntity, or my affliiate of any of the foregoing, may receive (directly or indirady) atrtonnb tout derive from (or might be charactmimd as) a portion of Borrower's payments far Mortgago Insurace, bt exchange for shmvtg or modifying ibe mortgage insiaers risk, m reducing losses. [f sack agrcemem provides that en affiliate of Lender takes a some of the hrsutera risk in excbenge for a share of the premiums paid to the insurer, the arrangement is often termed "captive rebmsmance." Further. (s) A¢y such egrcemenb will not affect the amo¢nb that Borrower has agreaJ to pay [or Mortgage Ina¢ra¢ce, or any other forma of the Loan. Such agrcemenb wilt not increase the amount Borrower wW owe for Mortgage Insurance, and theyy will not entitle Borrower to any refYrad. (b) Any s¢ch egreemmb will not aRect the rlghb Borrower has - if any - wiFh respect to the Mortgage I¢aurance node[ the Ilomeownera Protection AM of 1998 or any other law. Tbese rlg6b may Include the fight W reeeWe eertafn dlsdoamea, to request and obUfn cancellation of the Mortgage Insurance, to have tho Mortgage Imorence terminated automagcally, andror to receive a refund of any Mortgage Insurance premiums that wire u¢tarned at the time o[ such cancellatio¢ or termination. il. AsaSgnment of Miscellaneous Proceeds; Forfefture. All Misrxlimeovs Proceeds are hereby essigred to end shall be d toLender. If the Property is damaged, such Miscellaneous Proceeds shall bo applied m restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is ¢ot lessened. Ihuing such repair and restoration period, La¢dar sball have the rigor to bold such Miscellaneous Proceeds until Linder has had m opportunity to inspect such Property W.ensure the work has been completed to Lender s satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of prop{essss payments es the wak is completed Unless an agreement b made in writbtg or Applicable Iaw requires utterest to be paid on such Miscellaneous Proceocls, Lrnder shall ¢ot be required to pay Borrower eny interest oreairtings on such Miscellaneous Proceeds. If the restortion ar repair is not economically. feasible or Lender s sacuriry would ba lessened the Miscelleneout Proceeds sball be applied to the soma secured by tltis Seeurlry I¢auttmem, whether or not then due, with the excess, if any, paid~to Borrower. Such Miscellaneous Proceeds sball bt applied ua the order provided for is Section 2. In the event of a total taking, dwuvction, or loss in value of the Property, the Miscellaoeeus Proceeds shall be applied to the amtrs secured by this Security lnstttrrrrent, whether or not then due, with the excess, if mty, paid to Borrower. In the avmt of a partial takitrg, destruction, ar krss in value of the Property In which the 1SIr market value of the Property immediately before the partial taking, destruction, or loss Iu value is equal m or greeter than the amount of the sutras secured by this Security Instmment immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwise agree in writing, the sums sassed by this Sectvity Insmm~ent shall be reduced by the amovm of the Muoce]Ianeoua Proceeds multiplied by the fo0owi¢g fraction: (a) the total amount of the sums secured immediately before the partial taking, destructioq m loss in value divided by (b) the Ikir market value of the Property immediately before the partial taking, deshucdon, or Cosa in value. An balance shall be paid to Borrower in the went of a partial taking, desauaion, or toss in value of the Ropetty in which the fair market value of the Property immediately before the pa[ds] taking, desWRioq or loss in value is less than the amount of the sums secured 'vnmcdiately befaae die partial felting, deatntction, a loss in value, unless Borrower and I.mder otherwise agree in writing, Ute Miscellaneous Proceeds shall be applied to the sums secured by this Secraity htstnmtrnt whether or nut the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make en award to settle a claim for damages, Brnroww~ fails to respond to Lender within 30 days after the date the nadce is giveq Linder is authorized to collect end apply rho Miacellaneous~Proceeds either to restaativn or repair of the Property or m the sums secured by this Security Itaskumm; whodier m not thin dire. "Opposing Party" memLa the !bird patty that owes Borrower Miscellaneous Proceeds ~ the party agai¢st whom Borrower bas a rigbf of action in regard to Miscellaneous Proceeds. Borrower shtW be in defhult ff any action m proceeding, whether civil or aiminal, is begun that, in Lenders judgment, could result m fottbintm of the Property or other material impairment.of Lenders interest in the Property ar ripJtts under this Security Instrument. Brarower~`eAa default and, if 1050666191 ~mu.n f~•6(NFJ roan[; cgpt er to /`'/ ~ _ // Pons So28 1101 9 oyC/G 200749.87 acceleration has occurred, reinstate es provided~in S«tion 19, by causing the action err proceeding to be dismissed with a mling that, in l.endef s judgment, precludes, forfeiture of the Property or other material impsirmrnt of Lendd a mter~est m the Property or rights under this Secertity Irrstnanent The proc«ds of arty award or claim for damages that are attributable m the impartment of Lender's interest in the Property ere heroby assigned and shall be paid to Lende[. All Miacellenaous Proceeds that-aro not applied to restoration or repair of the Property shag be applied in the order provided for in Section 2. 12 Borrower Not Released; Forbearance By Lender Not a Waiver. Iycteasion of the time for payment or modification of amortlmtion of the sums secured by this Sectrcity Instrument granted by l.ertder to Boirowar or a>ry Successor in interest of Borrower shall not operate m release the liability of Borrower or arty Successors in Iatereat of Borrower. Lender shell not be required m camunence proceedings agalnat any Successor ie lnterost of Borrower or to reflrse m extend time for paymrnt or otherwise modify amortiration of the sums secured by this Security Instrranrnt by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any fmrbearence by Lends in exerolsing arty r1gM or remedy including, without limitatioq Lendda aecepmnce of payments 8om tb'nd persons, entitles or Successors in Interest of Borrower or in eIIrotmb less then the amoued then due. shall not be a waiver of or preclude the exercise of arty right or remedy. 13. Joint and Several Ltabtlity; Co~igerers; Saeeessors end Assign Bound. Borrower covenants and agrees that Botrowor's obligations ®d liability shall be joint and several- However, eery Borrower who co-sign this Security hrsnvmant but dow na ex«ute the Note (a "co-signer': (a) i1 co-signing this Stcurity Insmmtent only m mortgage, gram and convey the co-signd s interest in the Property under the terms of this Security Instnanent; (b) is not personalty obligated m pay the sums secured by this Security htstrumont; and (c) agrees that Lender and any other Borrower can agree~m extend. modify, forbear or make any accommodations with regard [o the terms of this Security Instrumem or. the Nore.widtout the co-signd s consent Subject m the paovlslons of Section ig, any Successor in.Interelt'of Borower who assumes Borrower s obligations under this Security Leshvment ffi wtitiag, and is approved by Lender, shall obtain all of Horrowds rights and benefits tinder this Security hlsttumem. Borrower shall not be released from $orrowd s obligations and liability under this Security Irtsutrment redoes L®der m such retease in writing. The covenants end agreements of this Security ]nshtanent shall hind except as provided in Section 20) and brntfit the suceessors and asslgtrs of Lender id. Loan Charges. Lender may chsrg'e Borower fees for semces performed in connection with Borrower's default, for dre purpose of protectlng Lenders interest in the Property and rights under this Security Instrument, including, but rim limited to. atNrmeys' fees, Property inspection and valuation fees. In regard m any other fees, the absence of express authority in this Security ln9ruenem m charge a sp«iflc fee to Borrower shall not be cortsnued as a proWbition on the charging of such fee. Lender may not charge tires that are expressly Prohibited by this S«r¢ity lostnuneru or by Applicable Law. If the Loan i9 sub]ect to a law which sets maximum loan charges, cord that law is finally interpreted so that the interest or other loan charges toll«ted or m be collected m connection with the Lawn exceed the permitted limiter, then: (a) arty such loffit chmge shall be reduced by tits amount n«essary to reduce the charge to the permitted limit: end (b) sin' stints already collected from Borrower which exceeded permitted limits will be mfurrded m Borrower. Lender may choose m make this refund by reducing the principal owed under the Note err by makhrg a direct payment to Borrower. If a reftmd reduces pxiacipel, the reduction will be treated av n partial prtpayment without eery prepayment charge (whether or mot a prepayment charge is provided for tender the Note). Borrower s accepmnce of any such refund made by direct payment m Baurower wID canstimte a waiver of any tight of action Borrower might have arising out of such overrlrarge. 15. Notices. AlI notices gven by Borrower or Lender in connection with this Barratry Instrument must be in writing. Any notice to Borrower in connectiaau with this Security Lutnrmem shall be dcemed to have been given m Borrower when mailed by fast class mail or when acnralfy delivered to Botrowd s notice address if sent by other means. Notice m any one Borrower shall canstimte notice to alt Borrowers umtae Applicable Law expsessly requites otherwise. The notice address shall be the Property Address unless Boriower has designated a substhute notce address by notice m Lender. Borower shall Promptly notify Lender of Borrowd a cbenge of address. If Lendaz specifies a proeedlae for reporting Borrower's change of address, then Borrowru shall only repot a change of address tha~ rred procedure. 1050466191 Ini ~$iNEl loser) o.p. to or to ~~ Form aOaa 1701 Ia.~iG '?i~; 4 2007498? Then may be only are designated notice address under this Security irrstrlrment ai soy one time. Any notice to lender shall be given by delivering it or by mailing it by fast class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in eonnecdon whh this Security htammlem shall not be deemed m have been given m Lender mttil actually ntalved by Lender. !f any nodes required by this Securlry Irlsttt~em is also required under Applicable Law, the Applicable Law requiremem will satisfy the coaespandmg requ"vemmt under this Secrviry hrstrument. 16. Governing Law; 3everability; Rules of Constriction. Ibis Security instrument shall ba governed by federal law and the law of the jurisdiction in which the Proparry is located. All rights and obligations contained in this Security Instrument are sukject to arty requaemmts and liadtalitrns of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contrail or it might be sIlmt, but such silence shall not be continued as a prohrbifim against agceemmt by contract. In the event that any provlaion or clause of this Sau[iry ]natrummt ~ the Note conflicts with Applicable Law, such conflict shell not affect other provisions of this Secraity Instrumem or the Note which can be glum effect without the conflicfirg provision. As used In tl11s Security Tattrummt: (a) words of the' masculine gender shall mean and include corresprrtrd'vrg newer words m words of the frminhre grnder, (b) words in the singular shall meen and include the~pluml end vice versa; and (c) the word "may" gives sole discretim without my obligatim to take ivy action. 17. Bor'rower's Copy. Borower shall be given one copy of the Note and of this Security instrument 18. Transfer of the Property or a Beneficial Interest in Borrower. As used to this Settler 18, "Interest in the Property" moans any legal m beneficial interest in the Property, moluding, but not limited . to, those beneficial interest9 transferred in a bend for deed, contact for deed, installment. sales contract or escrow agreement, the intent of which is the trensfer of title by Borrower az a flrtun: dine to s pwchaser. If all or arty part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not n natural person and a beneficial interest im Borrower is sold or ttmmsferrcd) without Lenders prior written consent' Lender may regain irnrrrediate~paymem in full of al] sums seared by this Security Inshumant Iiawaver, this option shall not be exercised by Lender if such. exercise is pmhrbrfed by Applicable l.ew. If Lender exeroises this optim, Lender shall give Borrower notice of acceleration Tho nolico shad provide a parted of no[ less than 30 days from the data the notice is given in accordance with Section 15 within which Borrower must pay ell sums secured by this Secvriry Instrurnent If Borrower fails to pay these sums prior [o the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without Nrriher notice or dmumd er Borrower. 19. Borrower's Right to Reinstate Auer Acceleration If Botrowor meets ce[tain conditions, Honower shall have the right to have enfmcemrnt of this Sectnily Instrument discettinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Inshtrme~ (b) such odrer period as Applicable Law might specify for the temahtatim of Horrowera right !n reinstate; err (c) miry of a Judgment enforcing this. Security Instrument Those conditions aze that Borrowor. (a) pays Lender ell sums which drm would be duo under this Security Inatmmmt end the NMe as if no aceelentim had occurred; (b) torts any default of ivy other covenanb or agreements; (c) pays all expenses incrnred m enfortmg this Secrarty lnstrmnent, including, but not lhnltod to, reasonable attorneys' foes. Pro]~Y inspection and valuation fees, and other fees irrcrtrred for the purpose of protecting Lender's itnerest in the Property and rights ender this Security Instrrmient; and (d) takes such ecdon'u Lender may roatmably require m assure that Lenders interest in the Property and- righis uncle this Security Instrumrnt, and Borrower' s obligation to pay the sums secured by this Sxasity Ltstrvmmt' shall continue unchanged Linder may requre that Borrower pay sack reinstatement Burns and expenses m one e• more of ihe.folk+wing forms, as xlected by Lender. (a) cash; (b) movry order, (c) certified check bank check, beasura' a check or cashier's chak, provided any such check is charm upon an lnstltudon whose deposits era insured by a federal agency. iasttunrenhaliry or entity: err (d) Electronic Funds Trmrsfhr. Upon relnsbttement by Borrower,. this Scnviry Lrstrumeot and 'ms secured 6aeby 1050666191 worm: ~itnEi toao7r vepe+tmi6 ~~~ ^,r, roan ao2a 1101 /~~ ~~ 20074987 shall remain fltlly elfeCtive ee if no atcalemtlan had occulted. However, this-right ro reinstate shall not apply in ffie case of aaeleration under Sxtitm 18. 20. Sale of Note; Change of Loaa 5ervlcer, Notlce of Grievance. 71re Note or a partial itrlarest in ffie Note (togeffitr with this Security Instrument) ran be sold one or more times whhout prior notice to Borrower. A sale might result in a change in the entity (!mown as ffie 'Z.oan Setvicer") that collects Periodic Payments due unrkr the Nota and this Sexmity Insutanrnt and performs office mortgage loan .. servicing obligerioat uadtr the Note, this Security inatrumrnt, and Appllt:abla Law. 711ere ako might be one or mine changes of the Lose Servioer unrelated to a sale of the Note. If [hem is a change of ffie Loaa Servitor, Borrowtr will be given written notice of the change which wlll state the creme sad address of the new Loin Stxvicer, the addtesa to which payments should be made and my office infomtatiar RESPA requites in coanectiaut with a notice of traasftr of servicing. If the Note is sold ®d thereafter the Loan is serviced by a Loan Servicer other than the purebasa of the Note, the mortgage loan servicing obligations to Borrow« veil) ttrnain with rho Loan Servictr of be transferred ro a successes Loan Servicer sad are not assumed by the Noce purohaser unless otherwise provided by the Note porches«. Neither Harowa nor Linder may commence, join, or ba joined [o say judicial aMion (sa either an individual Iltigartt ox the mamba of a class) that arises from the other party's aMioas pursuant to this Security Insmtment or titer alleges that the other party has breached any provision o1; or a~ duty owed by reason of, this Severity Insttt>mmt, uadl such Borrower or Linder has notified the other party (with such notice given in compliance with ffia rtquhemmte of Section l~~of such alleged broach and afTorded the oth« party hereto a reasonable period after the giving of such notice to mke corrective action. if Appllcabk Law provides a time period which must elapse before certain eerier ran be lakan, that time period will be deemed ro bt reasonable for proposes of this paragraph. The notice of~acceleration and oppommity ro cent: given to Bortowtr pursumrt ro Secelon 2Z and. the notice of acceleration given to Borrewa pursuant ro Secion 19 shall be deemed ro satisfy the notice and oppommity ro take corrective action provisions of this Section 20. 21. Hazardoas Substaaaa. As used in this Seetlon 21: (a) "Hazardous Substances" am those substances defined as toxic or haurdous substances, polluinnts, or w,utes by Environmental Law and the following substances: gasoline, Jcetosene, other tlammablc or toxic petroleum products, toxic ptaticides end herbicides, volatile solvents, materials contalnlog asbestos or fomtaldehyde, and radioactive materiels; (b) "Environmental Law" means ferias! laws end laws of the jurLsdictlon where ffie Property is locator drat relate ro health, safrty or rnvhnrsnmtal protection; (c) "Envlromnmtal Cleamtp" includes any response action, remedial nation, err removal action, as defined in Environmeninl Law; end (~ rn "Environmental Condition" rneaas a condition that can cause, contribute to. or otherwise trigger an Environmental Cleanup. Botrawer shall not cause or partnit the pteseace, use, disposal, storage, or release of any Hazardous Substances, or threaten ro roloeso any Hazardous Substances, on or in the Property. Borrows shall not do, nor allow anyone else .ro do, anything affecting the Propetty (a) that i9 in violation of any Envitonntetrtal Law, (b) which states an Eavimnatental Condition, or (c) which, due m the presence, rue, or release of a Hazardous Srrbsmnca creator a coadidoII that adversely affectm the value of the Property. 17te preceding two emttenees shall not apply t0 the presence, use, or atarage on the Property of small quantities of Hazardous Substances that aro gmmally recognized to be appropriate ro normal residmtlal uses end to meintetumce of the Property (including, but sot limited ro, 1,",a.el.o,e substances br consumer products). Borrows shall promptly glue Linder written notice of (a) eery mvasdgetion, clahn, demand, lawsuit or other action by any governmarml or regulatory egrncy or private pazty involving ffie Property end enY Hazardous Substance or Environmental Law of which Bortow« has actual ktmwledge, (b) arty Envnmrmental Condition, Includlag but not limited to, any spilling, leaking, d'c~-ge, rekate of threat of release of aqy Hazardous Substance, and (c) airy cenditlen caused by the praseocq use or rolease of a Hazardous Substance whteh adversely affects the value of the Property. Yf er teams, or is notified 1050466191 i ®~8(Nq rya07) vane a of 16 ^^ ,// Fwm 0028 1/01 ia~~~ ~. 20079987 , '' ~~:~. by any goveat®enml or regulatory authority, or. any private party, that any removal or other remediation of any Hazardous Substance affectlng the 1?operty is necessary. Borrower shall promptly take ell cecessary remedial actions m accordm,ce with lnvimmne^mt Law. Nothing herefi shall create any obligation on Lender for an Environtnerttal Cleanup. NON-UNIFORM COVENANTS. Borrower and lender further cwetrtmt and agree es follows: . 22. Aeeeleratloo; Remedlee. lender rhall glue uotlce to Borrower prior to acceleration following . Borrower's breach of any covenant or agreement to this Security Instrument (but not prtor to ~aceelaratlon ender Section 18 unless Applicable Law provides otherwise). The Holier shag spceily: (a) the default; (b) the actlon required to care the detanlt; (e) a date, not less than 30 days from the data the notice is given to Borrower, by which the default must he cured; and (dj that failure to cure the default on or before fhe date epceitied fn thenodce may result in acceleretian of the sums secured by this Security Instrument and axle of the Proptrty. The notice shall further inform Borrower of the right to reinstate after acceleratlon and the right to bring a court action to assert Ne non-e~atence of s default or soy other defense of Borrower to aoeeleretlon and sale. H the defauk is not cured on or lxforc the daft specified in the uotlce, Lender at its option may require immediate payment to full of all sums secured by this Security Instrument without farther demand end may invoke the power of axle and any other remed;a permitted by Applirrble Law. Lander shall be entitled to eolkct ail expense8 incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reeaonebte attorneys' fees and costa of tltle evidence. - If the power of agile is invoked, Trustee shall record fl uotlce of default in each county in which any pert of rho Properly 16 located and shall mail topfes of each notfee in Me manner prescribed by Applicable Lew to Borrower and to the other persons prescribed by Applintile l.aw. After the time requfrM by Applicable Law, Trmtee shall glue public ootlce of ssle to the persons antl in the manner prescribed by Appllrable Law. Trustee, without demand ~on Borrower, ehatl sell the Property at public unction to the highest bidder et the tima'and place and under the terms designated in the uotlce of sale In one or more parcols and In any order Trustee determines. Truatce may postpone sale of ell or any parcel of the Property by public announcement at the time and place of say prevlonsty scheduled sale. Lender or Its dealgnce msy purchau the Property at any sale. Upon receipt of payment of the price bW, Trwtae shall deliver to the purchaser Trestce's deed conveying the Property. The rroeltab In the Trustee's dad sball be prima facie evidence of the froth of the etatemenffi made thoreln. Trustee shall apply the procetds of the sale In the following order: (e) to all costs and expenses of exerclefng the power of sale, and the sale, including the payment of the Trwta's fees actoalty incurred and reasonable attorneys' lea as permitted by Apptlcable Law; (b) to ag sums aerated by this Security lustrement; and (c) any excess to the patron or persons legally entitled to It. 23. Retonveyanoe. Upon payment of all sums secured by this Security Tnsfnanent, Lender shell roquast Trustee to raconvey the Property and shall ~sutrender this Security t^m*+^^~^* end all notts evidencing debt seemed by this Security lrrstrument to Trustee. Tnuree shall recanvey the Property without warranty to the person ox persons IegaUy entitled to it Stitch person ar person? shall pay any recordedoa costs. Linder may charge such person or persons a fee far raconveying dre Propety, bur only if the fee is paid to a third party (such es the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trwtee. Lender, a[ its option, may firm time to time remove Tnutee and appoint a successor trustee to any T}ustee appoi~ad bmetmder by an iasttumeat recorded in rho county in which this Security Instrument is recorded. Without conveyance of the Property, the successor tnrshe shalt succeed to all the title, power and duties conferred upon Trustee herein and lry Applicable Law. 25. Request for Notices Borrower requests that copies of the notice of defauh and safe be sent w Borrower' a eddross which is the Property Address. 1050466191 IN Q~~(Nq e~ori s.n.+a a +a L/.~ ~„r f Form 5028 1107 /.3~/G ~I' i ~' 200'79987 BY SIGNATO BELOW, Borrower accepts end agrees to the terws and eovenauta cmrtaiued is this Security da3utU3tent and in airy Rider executed by Bortower and recorded with it. _ (Seal) .Hm[uwer _ (Seal) -Bmtowor . (Seat -BaivWec iosoassav>. ~, -9(wq ro~m~ row a or to / ~~ ~G _ (Seal) -BOROwG _ (Seat -Herrpwtt _ (Seat -BOROwBT Form 3026, 1101 7ISSR J HO -Hq'rOWV 200?498? ;, STATE OF NEBRASKA, County sa: dC.a/~""~ The forgoing inattument was acimowledged before me this 5th ~ day of Novambax, 2007 , by Jost B eacx and JENtdISER J ]iCLTCt i f ~~ y ~ /~ My Commission Expires: ~,. /~ . Q q r Pubiie .-'-, Pte- `"ate .~...1k~--~u-r- +r$~(AFAkGfa~'rs Q Y _ iR/`~1~8~6~g~B~r' ~ ~.~~ ..i2,?919! ~~_~ ,, Iosoaeeisi ~~a~r: ~.~IN~1 tsar) vawla m re Form 1036 1101 v / S'e~/G 2007998? SEE ATTACHED EXIIIBIT "A" Lot fourteen (14), Block Three (3), Indian Acres Second Addition to the City of Hastings, Adams County, Nebraska, according to the recorded plat thereof. POR INFORMATIONAL PURPOSES ONLY: 1606 Apache Hastings, NE 68901 - /~0~/6 a ~. ~f a !;fir: ~. a r H v R~ Syt `,: (r{.' Y ~~ i` ~~. 13 Y:•