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HomeMy WebLinkAbout20075397NUM PGS ~ - DOC TAX______.-- CK# FEES. S'O PD~CK#1~2~%Tj~ CH~C.G~ ACCT #~r7 RET FEES: _CASfi. ~'- R.O.D. CK#_ RECD -i',o~~ t' Qii? e Tf r ~ RETURN '~ ~ a"- 901 ~!~V~~V~'~I~~~~ ~~3s; Date ~z~,_D, Time ~ ~ 0 vUM 6 ~kAt~Dl ~ ~d RD. COMP ~~i ,t.~/~ ~ (/ COMPARE - ~~~/ -~._ CADAS _= qp REGISTER OF DEEDS (Space Above This Line For Recording Da;a1 DEED OF TRUST DEFINITIONS Words used iu multiple sections of this document are defined below and other words are defined iu Sections 3, 11, 13; 18, 20 and 21. Certain rules regarding the usage of words used iu this docwneut are also provided iu Section 16. (A) "Security Instrument" means this docwneut, which is dated ........................?2:07:~qQ?............................., together with all Riders to this docwuen[. (Bj "Borrower" is DEANR•.NI.QSIERAN.9A4YCE.A,.MASlR9.H~SOANP.A.NO.W.IFE ......................................................................... Borrower is the trustor under this Security Iustrwneut. (C) "Lender" is BANK OFpIINIPHAN ................................................................................................................. . Lender is a, .GDR?OPATl9N ............................................................................:.............. orgauiied and existing under the laws of .THE $TAT,E A.E NE6PASKA .........................................Leader's address is . P.O.Qo8.2?P. AON?PHAN,.NE. 68.902:92?.0...... Lender is the beneficiary under this Security Instrwneut. (D) "Trustee" is BANK OF ~ONIPHAN, P 0 80X,270, OONIPHAN,,NE, 68832 (E) "Note" means the promissory note signed by Borrower and dated J.2-~?-?.QQ? ..................:..................................The Note states that Borrower owes Lender A.NE.HUNDRE4 FIF.T.Y..T.yAEE.THOU.SAta4ANAN01.100 ..:...................:.................................. .................................................. Dollars (U.S. $ 1,5~,000,00,,.,,.,,,,,,,,,,,,,,,,,) plus interest. Borrower has promised to pay this debt iu regular Periodic Payrneuts and to pay the debt iu full,uot later than .....................OE:-01:2A.Q8..................... (F) "Property" means the property that is described below under the heading "Transfer of Rights iu the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all swus due under this Security Iustrwueut, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ^ Adjustable Rate Rider ^ Coudominiwu Rider ^ Second Howe Rider ^ Balloon Rider ^ Planned Unit Development Rider ^ Other(s) (specify] ....................... ^ 1-4 Fazuily Rider ^ Biweekly Payweut Rider (n "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, uou-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are huposed ou Borrower of the Property by a condominiwn association, homeowners association or shnilar organization. (K) "Electronic Funds Transfer" weans any transfer of funds, other than a transaction origiiuited by check, draft, or similar paper instrmnent, which is initiated through au electronic tenitiual, telephonic iustrwueut, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit au account. Such tenu includes, but is not tunited to, point-of-sale transfers, autowated teller wachiue transactions, transfers initiated by telephone, wire transfers, and autowated clearinghouse transfers. (L) "Escrow Items" means those items that are described iu Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described iu~Sectiou S) for: (i) daznage to, or destruction of, the Property; (ii) coudenma[iou or other taking of all or any part of the Property; (iii) conveyance iu lieu of condemnation; or (iv) misrepreseutatimrs of, or omissio»s as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loau. (O) "Periodic Payment" means the regularly scheduled autouut due for (i) principal and interest under the No[e, plus (ii) any aznouuts under Section 3 of this Security Lvstrwueut. (P) !'RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its huplemeuting regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from Buie to time, or any additional or successor legislation or regulation that governs the sazue subject matter. As used in this Security Iustrwneut, "RESPA" refers to all requirements and restrictions Utat are imposed in regard to a "federally related mortgage Loau" even if the Loau does not qualify as a "federally related mortgage loan",under RESPA. (Q) "Successor iu Lrterest of Borrower" weans any party that has taken title to the Property, whether or not that party has asswned Borrower's obligations under the Note aztd/or this Security lustiumeut. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT //~~ Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 / /, ,/ ref: 112001 ~ (page 1 of 7 pages) ~T I~~Florm 3028II1'1I0II1II l u11W I~ ~ ~~ all uu u~ ~~ J B~ A O q TRANSFER OF RIGHTS IN THE PROPERTY ~ ~ 0 0 • This Security Iustruutent secures to Lauder: (i) the repaynteut of the Loau, and all renewals, extensions'and modifications of the Note; and (ii) Uie perforntauce of Borrower's covenants and agreements under this Security htstrwueut and the Note.. For this purpose, Borrower irrevocably grouts and conveys to Trustee, in trust, with power of sale, the following described property located iu the ...................................................R6GISTEP.4F.OEFJIS..................................................... of (Type of Recording Jurisdiction) . ADAMS. CP.UNTY ............................................................................ ' [Name of Recording Jurisdiction] THE WEST THIRTY (4V 301 FEET OF LOT TWENTY~FIVE (25) ANO THE NORTH HALF (N 112) AND THE NORTH FIVE (N 51 FEET EIGHT (81 INCHES DF THE SOUTH HALF (S 1121 OF LOTS TWENTY•SIX (261 AND TWENTY~SEVEN (271 PALMER'S SUBDIVISION OF BLOCK THIRTY•ONE (311 OF D.W. PALMER'S PROSPECT PARK ADDITION TO THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA, ACCORDING TD THE RECORDED PLAT THEREOF. ,.. which currently has [Ile address of ..................................................2113 ROYCE....... ^ ........................................... [Street] ............................HASTINGS............................., Nebraska ..................:6&94J..................... (.'Property Address"): ICityl ~ [Zip Code] TOGETHER WITH all the uuprovements now or hereafter erected on the ~roperry, and all easenteuts, appurtenances, and fixtures now or hereafter a part of the property. All replacements and addittous shall also be covered by this Security Iustnuneut. All of the foregoing is referred.to iu this Security Iustrwueut as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grout and convey the Property and that the Property is uueucwnbered, except for encwubrauces of record. Borrower warrants and will defend generally the title to the Property against all claiuts and demands, subject to any eucwnbrauces of record. THIS SECURITY INSTRUMENT combines uuiforut covenants for national use and uou-uuifonn covenants with limited variations by jurisdiction to constitute a uniform security iustrwueut covering real property. UNIFORM COVENANTS. Borrower and Lender covettattt and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower. shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under Ute Note and this Security Iustrwueut shall be made in U.S. currency. However, if any check or other iustnuneut received by Lender as payment under the Note. or this Security _Iustrwueut is returned to Lauder unpaid, Lauder may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Leader. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon au iustitutiou whose deposits are insured by a federal agency, iustrwneutality, or entity; or (d) Electronic Funds Transfer. Paynteuts are deemed received by Lauder when received at the location designated itt the Note or a[ such other location as may be designated by Lender iu accordance with the notice provisions iu Section 15. Lauder may return any payment or partial payment if the payment or partial payuteuts are insufficient to bring the Loau current. Lauder may accept any payment or partial paynteut iusuffictent to bang the Loau current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments iu the future, but Lender is not obligated to apply such payments at the tune such payments are accepted. If each Pertodic. Payment is applied as of its scheduled due date, then Lauder need not pay interest ou wtapplied funds. Lauder may hold such unapplied funds until Borrower makes payment to bring the Loau current. If Borrower does not do so within a reasonable period of tune, Leader shall either apply such foods or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note hmuedia[ely prior to foreclosure. No offset or claim which Borrower might have now or iu the future against Lauder shall relieve Borrower from making paytiteuts due under the Note and this Security Iustruteut or perfonniug the covenants and agreements secured by this Security Iustrwueut. 2. Application of Payments or Proceeds: Except as otherwise described in [his Section 2, all payments accepted and applied by Leader. shall be applied iu rite following order of priority: (a) interest due under the No[e; (b) principal due under the Note; (c) atuounts due. under Section 3. Such payments shall be applied to each Periodic Payment iu the order in which it becazue due. Auy remaining atuoun[s shall be applied first to late charges, second [o any other atuouuts due under this Security Iustrwueut, and [lieu to reduce the principal balance of the Note. If Lender receives a payment front Borrower fora .delinquent Periodic Payment which includes a sufficient uuouu[ to pay any late charge due, the payment Wray be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lauder may apply any payment received from Borrower [o the repayment of the Periodic Payments if, and to the extent that, each paynteut can be paid in full. To the extent [liar any excess exists after the,paymeut is applied to We full payment of one or more Periodic Payments, such excess Wray be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayuteut charges and then as described iu the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the aznount, of the Periodic Paynteuts. 3. Funds for Escrow Items. Borrower shall pay to Louder ou the day Periodic Payments are due under the Note, until the Note is paid in full, a swu (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other trouts which eau attain priority over this Security Instnuneut as a lien or eucuutbrauce ou the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage lusurauce premiwus, if any, or any sums payable by Borrower to Lauder iu lieu of the payment of Mortgage lusurauce premiums in accordance with the provisions of Sectimt 10. These trouts are called "Escrow Items." At origination or at any time during the term of the Loau, Leader may require~that,C.onuuuaity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees'aud'assesstiieuts shall be au Escrow Item. Borrower shall promptly fuinish to Lender all notices of aztiounts to be' paid under this Section,,,,, Borrower-shalt pay Lauder the Funds for Escrow Items utiless Lauder waives Borrower's obligation to pay the Funds+for any or all'Escrow Rents. Lauder may waive Borrower's obligation to (tay_to Lender Funds for anY or all Escrow Iteut's at any tinle..,.,Any.-such •waiver may ou~y b~> jl%wXitiitg. +;I{i tli@; ~y',c~t of such waiver; Borcowei`suall pay, duectly, when and where payable,' the amounts due for any Escrow Items foriwluclt payment of ,;,Funds-has-been•.waived.,by_Lender.and, if Lender requires,,. shall.furnish~to-L•euder receipts:ievideicirig.~such,.payitieiit,~~3iFhin such ~tuve period as Lauder may require. Borrower's obligation to make such payments and to' provide receipts shall fof all `purposes be dceuied`to"bc•a covenant and agreement contained iu this Security Iustrwueut,-..as~.the._pltrase„^°,ct~.ueuaUL,.3nd L, agreement"Ais used in Section 9.,,If Borrower is obligated to pay Escrow Iteuts directly, pursitaut to a waiver; and Borrower NEBRASKA Sin le Famil Faiitiie'Mae/Freddie Mac UNIFORM INSTRUMENT ~ ,'!,) r~ / , fdrMi3026,1/01 Bankers Systems Inc., St. Cloud, MN; Form MD-7-NE 8/17/2000 (page 2 of 7pngesJ I ~~ - .. .., ... ~ ~ n 2QQ75397 fails to pay file aznouut due for au Escrow Item, Lender may exercise its rights uuder Section 9 and pay such aznouut and Borrower shall then be obligated uuder Sectiou 9 to repay to Leader auy such amount. Leuder may revoke the waiver as to any or all Escrow Iteuts at any tune by a notice given iu accordance with Sectiou 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required uuder this Section 3. Leuder may, at any tune, collect and hold Funds in au autouut (a) sufficient to penult Leuder to apply fire Funds at the true specified 'uuder RESPA, and (b) not to exceed the ntaxnnum aznouut a lender can require under RESPA. Lender shall estuuate the aznouut of Funds due ou the basis of current data and reasonable estnua[es of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held iu an institution whose. deposits are insured by a federal agency, iustruuieutality, or entity (including Leuder, if Lender is au institution whose deposits are so insured) or in auy Fedetal Home Loan Batik. Leuder shall apply the Funds to pay the Escrow Items no later thou the tune specified uuder I2ESPA. Lender shall not charge Borrower for holding and applying the Funds, awmally analyzing the escrow account, or verifying the Escrow Items, unless Leuder pays Borrower interest on the Funds and Applicable Law pemtits Lender to make such a_charge. Unless an agreement is made iu writing or Applicable Law requires interest to be paid ou the Funds, Leuder shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Leuder eau agree in writing, however, that interest shall be paid ou the Funds. Lender shall give to Borrower, without charge, au annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds iu accordance with RESPA. If there is a shortage of Funds held iu escrow, as defined. under I2ESPA, Leuder shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the aznouut. necessary to make up the shortage in accordance with I2ESPA, but in uo more thou 12 monthly paynteuts. If there is a deficiency of Funds held iu escrow, as defined uuder RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the deficiency iu accordance with RESPA, but iu uo more thou 12 monthly payments. Upon payment iu full of all swiss secured by this Security Iustrutnent, Lender shall promptly refund to Borrower any Funds held by Leuder. 4. Charges; Liens. Borrower shall pay all taxes, assessnteu[s, charges, fines, and nupositions attributable to the Property which eau attain priority over this Security Instrunteut, leasehold payments or ground rents ou the Property, if auy, . and Couunuuity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them itt the mauuer provided in Section 3. Borrower shall promptly discharge auy lieu which has priority over this Security Iustrwueut unless Borrower: (a) agrees in writing to rite payment of the obligation secured by the lieu in a mauuer acceptable to Leuder, but oiily so long as Borrower is perfonuing such agreement; (b) contests the lieu iu good faith by, or defends against enforcement of the lien iu, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but oiily until such proceedings are concluded; or (c) secures from the holder of the lieu au agreement satisfactory to Leuder subordinating the lien to this Security Instrument. If Lender determines that any pan of the Property is subject to a lieu which eau attain priority over this Security Instrument, Leader may give Borrower a notice identifying the lieu. Within 10 days of the date ou which that notice is given, Borrower shall satisfy the lieu or take one or more of rue actions set forth above iu this Section 4. Lender may require Borrower to pay a one-true charge for a real estate tax verification and/or reporting service used by Leader in counectiou with this Loan. 5. Property Insurance. Borrower shall keep the iiuprovemeitts now. existing of hereafter erected ou the Property insured against loss by fire, hazards included within the terns "extended coverage," and any other hazards including, but not Ihnited to, earthquakes and floods, far which Lender requires iusurauce. This tusurance. shall be maintained iu the amounts. (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences eau change during .the feint of [he Loan. The tusurance carrier providing the iusurauce shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised uureasovably. Lender may require Borrower to pay, lit connection with this Loau, either: (a) a one-thee charge for flood zone de[emiinatiou, certification and tracking services; or (b) a one-tune charge for flood zone detenniitatiou and cenification services and subsequent charges each tune remappmgs or similar changes occur which reasonably might affect such detenuiuation or cenification. Borrower shall also be responsible for the paynteut of auy fees imposed by the Federal Emergency Management Agency iu counectiou with the review of auy flood zone detennivatiou resulting front au ob~ectiou by Borrower. If Borrower fails to maintain any of the coverages described above, Leuder may obtain insurance coverage, at Lender's option and Borrower's expense. Leuder is uuder uo obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or mtgltt not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against auy risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the iusurauce coverage so obtained might siguificau[ly exceed the cost of insurance that Borrower could have obtained. Auy amowtts disbursed by Lender uuder [his Section 5 shall become additional debt of Borrower secured by this Security htstnuueut. These auiouuts stall bear interest at the Note rate front the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard ntortpage clause, and shall name Lender as mortgagee and/or as au additional loss payee. Leuder shall have fire tight to hold the policies and renewal certificates. If Leuder requires, Borrower shall promptly give [o Leader all receipts of paid premiwus and renewal notices. If Borrower obtains auy fonu of iusurauce coverage, uo[ otherwise required by Lender, for daznage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall came Lender as mortgagee and/or as au additiottai loss payee. In the event of loss, Borrower shall give prompt notice to the iusurauce carrier and Leuder. Leuder may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree iu wtitiug, auy iusurauce proceeds, whether or not the underlying iusutance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Leuder shall have the tight to hold such insurance proceeds until Lender has had au opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration ilt a single payment or iu a series of progress payments as the work is completed. Utiless au agreenteut is made in wtitiug or Applicable Law requires interest to be paid ou such iusurauce proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the iusurauce proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the iusurauce proceeds shall be applied to the scans secured by [his Security Iustrwneut, whether or not then due, with the excess, if any, paid to Borrower. Such iusutance proceeds shall be applied iu the order provided for iu Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available iusurauce clahu and related matters. If Borrower does not respond wuhm 30 days to a notice from Lender that the utsurauce carrier has offered to settle a claun, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Propeny uuder Sectiou 27 or otherwise, Borrower hereby assigns to Leuder (a) Borrower's rig(tts to any insurance proceeds in an aznouut not to exceed the azuouuts unpaid under the Note or this Security Instrwuent, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiwus paid by Borrower) uuder all iusurauce Qolicies coveting the Property, insofar as such rights are applicable to the coverage of the Property. Leuder may use the insurance proceeds either to repair or restore the Property or to pay azuouuts unpaid uuder the Note or this Security Iustrwneut, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Propeny as Borrower's principal residence within 60 days after the execution of this Security Instrument and shalt continue to occupy Use Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees iu wtitiug, which coitseut shall not be unreasonably withheld, or utiless extenuating circumstances exist whic-t are beyond Borrower's control. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT. For 3028 Bankers Systems, Ine„ St. Cloud, MN Form MD-1-NE 8/17/2000 (prtge 3 of 7 pages) 1' 3~~ 200'7539'7 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, datttage or impair the Property, allow the Property to deteriorate or cotmuit.waste on the Property. Whether or not Borrower is residing iu [he Property, Borrower shall maintain [he Property iu order to prevent the Pro~terty from deteriorating or decreasing in value due to its condition. Untess i[ is detenniued pursuant [o Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or daniage. If insurance or condemnation proceeds are paid iu connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.. Lender tray disburse proceeds for the repairs and restoration in a single paynteut or iu a series of progress payments as the work is completed. If the insurance or coudemttatiou proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation. for the completion of such repair of restoration. Lender or its agent Wray make reasonable entries upon and inspections of [he Property. If it has reasonable cause, Lender may inspect the interior of the improvements ou the Property. Leader shall give Borrower notice at the Bute of or prior to such au interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be iu default if, dating the Loau application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate iufonuatiou or statenteuts to Leader (or failed to provide Lender with. material ittforuiatiou) in connection with the Loan: Material reptesenta[ious include, "but are not limited to, represeuta[ious concerning Borrower's occupancy of [he Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property,'and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained iu this Security Iustrwneut, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for coudenntatiou or forfeiture, for enforcement of a lieu which Wray attain priority over this Security Iustrwneut or to enforce laws or regulations), or (c) Borrower has abandoned the Property, .then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest iu the Property and rights under this Security Iustrwneut, including protecting and/or assessing the value of [he Property, and securing and/or repairing the Property. Lender's actions eau include, but arc not limited to: (a) paying any swiss secured by a lieu which has priority over this Security Instrument; (b) appearing iu court; and (c) paying reasonable attorneys' fees to protect its interest iu the Property and/or rights under [Iris Security Instnuueut, including its secured position iu a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering-the Property [o snake repairs, change locks, replace or board up doors" and windows, drain water front pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned ou or off. Although Lender may take action under this Section 9, Leader does not (rave to do so and is not under any duty or obligation to do so. It is agreed that Leudcr incurs no liability for not taking any or all actions authorized under this Section 9. Any atuouuts disbursed by Lender under this Section 9 shall became additional debt of Borrower secured by this Security Iustrwneut. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such iuteresf, upon notice from Leader to Borrower requesting payment. If this Security Iustrwuent is on a leasehold, Borrower shall cotitply with all the provisions of the lease. If Borrower. acquires fee title to the Property, the leasehold and [he fee title shall not merge unless Lender agrees to [he merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loau, Borrower shall pay the premiwns required to maintain the Mortgage Insurance in effect. If, for-any reason, the Mortgage Insurance coverage required by Lender ceases to be available. from the mortgage insurer that previously provided such insurance and Borrower was required to make. separately designated payments toward the premiwns for Mortgage Iusurauce, Borrower shall pay the. premiwns required to obtain coverage substantially equivalent to the Mongage Iusurauce previously iu effect, at a cost substantially equivalent [o the cost to Borrower of the Mortgage Insurance previously in effect, from au alternate-mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay [o Lender the atuouut of the separately designated payments that were due.wheu the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve iu.lieu of Mortgage Iusurauce. Such loss reserve shall be uou-refundable, notwithstanding the fact that the Loau is ultimately paid iu full,"and Lender shall not be required to pay Borrower any interest or earnings ou such loss reserve. Louder can no longer require-loss reserve payments if Mortgage Insurance coverage (iu the amount and for the period that Lender requires) provided by an insurer selected by. Louder again becomes available, is obtained, and Lender requires separately. designated payments toward the premiwns for Mortgage Iusurauce. If Louder required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiwns for Mongage Iusurauce, Borrower shall pay the premiwns required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance cods iu accordance with any written agreement between Borrower and Leader providing for such tenuiuatiou or until tenttittatiou is required by Applicable Law. Nothing iu this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Iusurauce rehnburses Lender (or any entity that purchases the Note) for certain losses it tuay incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Iusurauce. Mortgage insurers evaluate [heir total risk ou all such insurance iu force from tiute to true, and may eater into agreements with other panics that share or modify their risk, or reduce losses. These agreements ate ou temts and conditions that arc satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements Wray require the mortgage insurer to snake payments using any source of funds that the mortgage insurer "may have available (which may include foods obtained from Mortgage Insurance premiwns). As a result of these agreements, Louder, any purchaser of the Note, another insurer, any reiusurer, any other entity, or any affiliate of any of the foregoing; may receive (directly or indirectly) atnouuts that derive from (or might be characterized as) a portion of Borrower's paynteuts for Mortgage Iusurauce, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that au affiliate of Louder takes a share of insurer's risk iu exchange 'for a share of the premiwns paid to the iustirer, the arrangement is often tenued "captive reinsurance. " Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Iusurauce, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will trot affect the rights Borrower has--if any--with" respect to rite Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the tune of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Leader. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Leudcr may pay for [he repairs and restoration in a single disbursentcut or iu a series of progress paynteuts as the work is completed. Utiless an agreement is trade iu writing or Applicable Law requires interest to be paid ou such Miscellaneous Proceeds, Lender shall not be required [o pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the swiss secured by this Security Instrument, .whether or not thou due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for iu Section 2. In the event of a total taking, destruction, or loss in value of fire Propeny, the Miscellaneous Proceeds shall be applied to the swus secured by [iris Security Instrument, whether or not then due, with the excess, if any, paid [o Borrower. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~L/F/orm 3028 1/07 Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 'e/77/2000 (Fnge 9 of 7(xigesJ f ~~ f -f . 20075.397 lu the event of a partial taking, destruction, or loss iu value of the Property iu which the fair, market value of'the Property hnmediately before the partial taking, destruction, or loss in value is equal [o or greater than the amount of the sums secured by this Security Iustrwneut iumtediately before the partial taking, destruction, or loss iu value, unless Borrower and Lender otherwise agree iu writing, the swtts secured by this Security Instrwucut shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the swiss secured nnmediately before the partial taking, destruction, or loss in value divided by (b) the fair market value. of the Property iuunediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property iu which the fair market value of the Property inmtediately before the partial taking, destruction, or loss iu value is less than the uuouut of the scans secured inuuediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree iu writing, [he Miscellaneous Proceeds shall be applied to the scans secured by this Security Iustrwneut whether or not the scans are then due. If the Property is abaudotted by Borrower, or if, after notice by Lender to Borrower thaC the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the soots secured by this Security Iustrumeut, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has aright of action iu regard [o Miscellaneous Proceeds. ~ Borrower shall be iu default if any action or proceeding, whether civil or crnuiual,. is begun 4hat, iu Lender's judgtneut, could result iu forfeiture of the Property or other material ntipairttieut of Lender's iuteres[ iu the Property or rights under this Security Instrument. Borrower eau cure such a default and, if acceleration has occurred, reinstate as provided iu Section 19, by -causing the action or proceeding to be dismissed wi[It a ruling that, iu Lender's judgtneut, precludes forfeiture of the Property or other material impairment of Lender's interest iu [he Property or rights under this Security Iustrwneut. The proceeds of any award or clams for damages that are attributable to the impainueut of Lender's iuteres[ iu the Property are hereby assigned and shall be paid to Lender. - All Miscellaneous Proceeds that ate not applied to restoration or repair of ffie Property shall be applied iu the order provided for iu Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the thtte for payttteut or modification of amortization of [he scans secured by this Security Iustrwneut granted by Lender to Borrower or any Successor iu Interest of Borrower shall not operate to release the liability of Borrower or any Successors iu Interest of Borrower. Lender shall not be required to conmteuce proceedings against any Successor iu Interest of Borrower or to refuse to extend Bute for payment or otherwise modify amortization of the sums secured by this Security Iustrumeut by reason of any dentaud made by the original Borrower or any Successors iu Interest of Borrower. Auy forbearance by Lender iu exercising any right or remedy iucludiug, without lhuitation, Lender's acceptance of payments from third persons, entities or Successors iu Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude t(te exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Iustrwneut Duly to mortgage, grant and convey the co-signer's interest iu the Property under the teens of this Security Iustrwneut; (b) is not personally obligated to pay the runts secured by this Security Instrument; and (c) agrees that Lender and any other Borrower-eau agree to extend, modify, forbear or stake any accommodations with regard to the [emus of [his Security Instrwnent or the No[e without the co-signer's consent. Subject. to the provisions of Section 18, any Successor iu Interest of Borrower who assutttes Borrower's obligations under this Security Instrwnent in writing, and is approved by Lender, shall obfaiu all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrwnent utiless Lender agrees to such release iu writing. The covenants and agreenteuts of this Security Iustrumeut shall bind (except as provided in Section 20) and benefit the successors and assigns of Leader. 14. Loart Charges. Lender may charge Borrower fees for services performed iu conuectiou with Borrower's default, for the purpose of protecting Lender's interest iu the Property and rights under this Security Iustrumeut, iucludiug, but not limited to, attorneys' fees, property inspection and valuation fees. lu regard to any other fees, [he absence of express authority iu this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition ou the charging of such fee. Lender Wray not charge fees that are expressly prohibited by this Security Iustnuneut or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected iu conuectiou with the Loau exceed the penuitted lunits, then: (a) any such loan charge shall be reduced by t(te atnouut necessary to reduce the charge to the permitted luuit; and (b) any scans already collected from Borrower which exceeded penuitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayuteut charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in couuec[iou with this Security Iustrumeut must be iu writing. Any notice to Borrower in connection with this Security Iustrumeut shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if seat by other nteaus. Notice to any Due Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address utiless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly testify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be Drily Due designated notice address under this Security Instrwnent at any one thee. Auy notice to Lender shall be given by delivering it or by stalling i[ by first class mail to Lender's address stated herein utiless Lender has designated another address by notice to Borrower. Auy notice iu connection with this Security Instrument shall not be deemed to ]rave been given to Lender until actually received by Lender. If any notice required by this Security Iustrwneut is also required under Applicable Law, the Applicable Law requirement will satisfy the correspmtdiug requirement under this Security Iustrwneut. 16. Governing Law; Severability; Rules of Construction. This Security Iustrwneut shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained iu this Security lustruutent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security htstrunteut or the Note conflicts with Applicable Law, such coullict shall not affect other provisions of this Security Ltstruuteut or the Note which eau be given effect without the cottflic[ing provision. As .used iu this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of [he feminine gender; (b) words iu the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given Due copy of the Note and of this Security Instrwnent. ' 18. Transfer of the Property or a Beneficial Ltterest iu Borrower. As used iu this Section 18, "Interest iu [he Property" means any legal or bcueficial interest iu the Propery, including, but not lunited to, those beneficial interests [rausferred in a bond for deed, contract for deed, iustalluteut sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchases If all or any par of the Property or any Interest iu the Property is sold or transferred (or if Borrower is not a natural person and a bcueficial iuteres[ in Borrower is sold or [rausferred) without Lender's prior written consent, Lender may require immediate paynicnt iu full of all soots secured by this Security Iustrmnent. However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. ~/~1/~j/g/~ NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ (~m 3028 1/07 Bankers Systems, Inc., St. Cloud, MN Form MD-i-NE 8/17/2000 (page S of 7 pnges) (/~)!i`n.`x~\) S~7 , 2007539"7 If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given iu accordance with Section IS within which Borrower must pay all soots secured by this Security Iustrwueut. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Iustnuneut without further notice or demand ou Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right [o have enforcement of this Security htstrmneut discontinued at any time prior to the earliest- of: (a) five days before sale of the Property pursuant [o any power of sale contained iu this Security Instrument; (b) such other period as Applicable Law Wright specify for the temtittatiou of Borrower's right to reinstate; or (c) entry of a judgtmeut enforcing this Security Instrument. Those couditiotts are that Borrower: (a) pays Lender all sums which then would be due under this Security Iustnuneut auk [he Note as if uo acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Iustrmueut, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest iu the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest iu the Property and rights under this Security Instrtument, and Borrower's obligation to pay the sums secured by this Security Instruuteut, shall continue unchanged. Lender may require that Borrower pay such reinstatement stuns and expenses iu one or more of the following fonus, as selected by Lender: (a) cash; (b) ntouey order; (c) certified check, back check, treasurer's check or casliier's check, provided any such check is drawn ,upon au institution whose deposits are insured by a federal agency, ittstrwneutality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by ,Borrower, 'this Security Instrtuneut and obligations secured hereby shall remain fully effective as if!uo acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in Ute Note. (together with this Security Iustrwueut) can be sold one or more threes without prior notice to Borrower. A sale might result iu a change iu the entity (known as the "Loan'Servicer") that collects Periodic Payments due under the Note and this Security Iustrwnent and performs other mortgage loan servicing obligations under the Note, this Security Instrttmeut, and Applicable Law. There also aright be one or more changes of the Loau Servicer unrelated to a sale of the No[e. If there is a change of the Loau Servicer, Borrower will be given written notice of the change which will state the Warne and address of Ute ucw Loau Servicer, Ute address to whicltpaymeuts should be made and any other ittfonuatiou RESPA requires iu connection. with a.no[ice of transfer of servicing. If the Note is sold and thereafter the Loau is serviced by a Loau Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loau Servicer or be transferred to a successor Loan Servicer and are not assuuted by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may conwtence, join, or be joined to any judicial action (as either au individual litigant or the meiuber of a class) that arises from the other party's actions pursuant to this Security Iustrwnent or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the other pary hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action eau be taken, that tiara period will be deetued to be reasonable for purposes of [Iris paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Beerier 22 and the notice of accelera[iou given to Borrower pursuant to Section 18 shelf be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used iu this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Envirownental Law and the following substances: gasoline, kerosene, oUtcr flanuuable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Enviromneutal Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or euvirowueutal protection; (c) "Enviromneutal Cleanup" includes any respmtse action, remedial action, or removal action, as defined in Envirommeutal Law; and (d) an "Enviromneutal couditiou" means a couditiou that can cause, contribute to, or otherwise trigger au Euvirowneutal Cleanup. Borrower shall not cause or penuit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, ou of in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Enviromneutal Law, (b) which creates au Euviromuental Condition, of (c) wlticlt, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage ou the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to uonnal residential uses and to maintenance of the Property (including, but not tuuited to, hazardous substances iu cousutner products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, dentaud, lawsuit or other action by any govenuuental or regulatory agency or private party involving the Property and any Hazardous Substance or Euvirowneutal Law of which Borrower has actual knowledge, (b) any Envirownental couditiou, including but not limited to, any spilling, leaking; discharge, release or threat of release of any Hazardous Substance, and (c) any couditiou caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govennuental or regulatory authority, or any private party, that any removal or other remediatiou of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation ou Lender for au Euvirowneutal Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Ltstrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified iu the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Leader at its option [nay require immediate payment in full of all sums secured by this Security Ltstrument without further demand and may' invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred itt pursuing the remedies provided in this Section 22, including, but trot limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any pact of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the outer persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and iu the mamuer prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated iu the notice of sale iu one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public anuouncemeut at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the .proceeds of the sale in the following order: (a) to all costs attd expenses of exercising the power of sale, and the sale, including the payment .of the Trustee's fees actually incurred and reasonable. attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any •excess to the person or persons legally entitled to it. NEBRASKA-Single Familv-Fannie Mae/Fraddie Mac UNIFORM INSTRUMENT orm 3028 1/01 Bankers Systems, Inc., St. Cloud, MN Form MD-i-NE 8/17/2000 (Fnge 6 of 7 ages) r. ~'~.~; ~ '~ ,~- ;'~ SI (0~7 2oo~r5397 23. Reconveyance. Upon payment of all swus secured by this Security Instrumeut, Lender, shall request Trustee to recouvey the_Property and shall surrender this Security htstrumeut and all notes evideticiug debt. secured by this Security Iustrwneut to Trustee. Trustee shall recouvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for recouveyiug the Property, but olily if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is penuitted under Applicable Law. 24. Substitute Trustee. Lender, at its option, may frmn tune to Bute remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an iustruuteut recorded in the county iu which this Security Instrumeut is recorded. Without conveyance of Ute Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Request for Notices. Borrower requests that copies of the notice ,of default and sale be scut to Borrower's address which is the Property Address. BY SIGNING BELOW, Borrower accepts and agrees to the tenus and covenants contained iu thin Security Iustrwueut and iu any Rider executed by Borrower and recorded with it. ,f~.. .... ,7 ` c. M!~:.°. ~...~., .:................................. (Seal) DEAN R. MOSIER ~ -Borrower .~/`~~~-_ ............................. (Seal) ALY . MOSIER -Borrower STATE OF NEBRASKA [Space Below This Line For Acknowledgmentl County of ................... ADAMS ..................... The foregoing irutrwnent was acknowledged before me this .12;07;2007,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ...................................(date) by 4EANR..MOSIEP;AIYCE.A..MRSlE6,N.US6ANP.ANP.W.IFE... ......... ......... ......... ............... ................................................................................................(uutte of person acknowledged). My Commission expires: 09-19.2010 (,///' GENERAL NOTARY - State of Nebraska ..... .. -' • ~ ~ ~ .. ..........:............................... . ~I JUDY A. SOUKUP ~ Notary P lie My Comm. Fem. Sept 19, 26/0 JUDY SDUKUP NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 Form 3028 t/Ot (page 7of 7 pages) log- 7