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DEED. OF TRUST
DEFINITIONS
ADAMS COUNTY, NE
FILED
INST. NO,.~~~4
Date ~z ~z~ Time `I syA~+1
glu~~~b' ~r~,~J
REGISTER OF DEEDS
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Words used iu multiple sections of this document are defined below and other words are definediu Sections 3, 11, 13, 18, 20
and 21. Certain rules regarding the usage of words used iu this docunteut are also provided iu Section 16..
(A) "Security Instrument" nteatts this docmneut, which is dated ........................12:45:2A4?.........:..................., together
with all Riders to this docmnent.
(B) !'Borrower" is .MARK A,HIN.9(QHS.ANq.TRISN.i,N.~N.B(eHS,.HUS.Q9N.4ANP.W!F~ .....................................................................
Borrower is the trustor under this Security Iustruuteut.
(C) "Lender" is BANK OFpONIPHAN ........................................................................:........................................ .
Lender is a .GDR?4RATlgN ....................................................:....:................................. organized and existing under
dte laws of .THRSTAT.~P.FN~gRASKA..: ......................................Leader's address is .P.P.pAX.27q,A4N1PN.AN,.NE.899~2:p~l.Q......
Lender is the beneficiary under this Security Iustruuteut.
(D) "Trustee" is CENTRAL NATIONAL,BANK, PO BOX 268,SUPERIDR,,NE, 68978 ,
...........................:............................................... .
(E) "Note" means the promissory note signed by Borrower and dated 1.$A5~2.Q4? ........::........."...:..:..................:........The.
Note states that Borrower owes Lender S.EVEN7Y?HP.gSANq.ANq.NOIlOA ......:.............::.
....................................................
.................................................. Dollars (U.S. $ 70,000;00,,,,,,,,,,,,,,,,,,,,,,,,) plus interest. Borrower has promised to
pay this debt i~t regular Periodic Payttteuts and [o pay the debt iu full not later than .....................01:P1:2A29.....................
........................................................................................................................................................ .
(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 stuns due uudcr this Security Iustrmneut, plus interest. `
(H) "Riders" ntcaus ail Riders to this Security btstrument that are executed by Borrower. The following Riders are to be
executed by Borrower [check box as applicable]:
^ Adjustable Rate Rider ^ Coudomiuiuut Rider ^ Second Home Rider
^ Balloon Rider ^ Plauued Uuit Development Rider ^ Other(s) [specify] .......................
^ 1-4 Funily Rider ^ Biweekly Paynteut Rider
(n "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have.tlte effect of law) as well as ail applicable final, uou-appealable judicial opinions.
(~ "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are
unposed on Borrower or the Property by a condominium association, homeowners association or siuidar organization.
(K) "Electronic Funds Transfer"'means any transfer of foods, other than a transaction originated by check, draft, or snnilar
paper instruuteut, which is initiated through au electronic terminal, telephonic instrmneut, computer, or magnetic tape so as to
order, instruct, or authorize a financial .iustitutiou to debit or credit au account. Such temt includes, but is not invited to,
point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated
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 uudcr the coverages described iu Section 5) for: (i) damage to, or destruction of, the
Property; (ii) condemnation or other taking of alt or any part of the Property; (iii) conveyance iu lieu of condemuatiou; or (iv)
misrepreseutatious of, or omissions as to, the value and/or condition of the Property.
(N) "Mortgage Insurance" means ittsurauce protecting Lender against the nonpayment of, or default on, the Loau.
(O) "Periodic Payment" means the regularly'scheduled amount due for (i) principal and'iuterest wider the Note, plus (ii) any
amounts uudcr Section 3 of this Security Iustruuteut.
(P) "RESPA" means the Rcal Estate Settlenteut Procedures Act (12 U.S.C. §2601 et seq.) and its nnpletnentiug regulation,
Kegulatiou X (24 C.F.R. Part 3500), as they might be atuended from true to tame, or any additional or successor legislation or
regulation that governs the sane subject matter. As used iu this Security Iustrwneut, "RESPA" refers [o all requirements and
restrictions that are nuposed iu regard to a "federally related mortgage loan" even if the Loau does not qualify as a "federally
related mortgage Loau" under RESPA.
(~ "Successor in Lt[erest of Borrower" means any parry that vas taken title to the Property, whether or not that parry has
asswtted Borrower's obligations uudcr the Note and/or this Security Iustrutueut.
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8117/2000 '` Irply/
ref: 1 /2001 ~ (pnge I of 7 pngesJ.~~~
IIII Form 3028 7/01IIII
u~~ III 0I ~~~ IIII IIII u~l
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TRANSFER OF RIGHTS IN THE PROPERTY
200'7540.
This Security Iustrumeut secures to Lender: (i) [he repayment of the Loau, and all renewals, extensions and modifications of
the Note; and (ii) the perforuiauce of Borrower's covenants and agreements under this Security Iustrmueut and the Note. For
[iris purpose, Borrower irrevocably grants and conveys to Trustee, iu trust, with power of sale, the following described
property located iu the ...................................................9EGISTE9.QP.lIEI;I)5..............................................:...... of
IType of Recording Jurisdiction)
A4?MS ...................................................:.................................:
INeme of Recording Jurisdiction)
SEE ATTACHED EXHIBIT "A"
,, ,
;.
i
which currently has the address of .........................................3315W; PONY EXPRESS RCAq,,,,,,,,,,,,,,,
............................
]street)
.............:.................AYA................................, Nebraska ...................69.825..................... (,Property Address"):
' (City] IZip Codel
TOGETHER WITH all the iutprovemeuts now or hereafter erected ou the property, and all easements, appurtenances,
and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Ius[ruuteut. All of the foregoing, is referred to m this Security Iustrmneut as the "Property. "
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property.. acid that the Property is uueuctuubered, except for eucmnbrauces of record. Borrower warrants and
will defend generally the title to the Property against all clahus and demands, subject to any eucutnbrauces of record.
THIS SECURITY INSTRUMENT combines uuifonu covenants for national use and non-uniform covenants with Luuited
variations by jurisdiction to constitute a uuifonn security iustrumeut covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant 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 Notc. Borrower shall also pay foods for Escrow Itcuts pursuant to Section 3. Payments due under the Note and this
Security lustrunteut shall be made iu U.S. currency. However, if any check or other iustrumeut received by Lender as payuteut
under the Note or this Security Iustrmneut is returned to Lender unpaid, Lender may require that avy or all subsequent
payments due under the Note' and this Security Iustrumeut. be made iu oue.or.ntore of tlig.followiug forms, as selected..by
Lender: (a) cash; (b) money order; (c) certified -check, back check, treasurer's check or cashier's check, provided any such
check is drawn upon au ittstitutiou whose deposits are insured by a federal agency, iustnuueutality, or entity; or (d) Electronic
Funds Transfer.
Payuteuts are deemed received by Lender when received at the location designated iu the Note or at such other location
as may be designated by Lender iu accordance with the notice provisions iu Section 15. Lender may return any payment or
partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment
or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to
refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the true such
payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender aced not pay interest on
uuapplied funds. Lender may bold such uuapplied funds until Borrower makes payment to bring the Loau current. If Borrower
does not do so within a reasonable period of true, Leader shall tither apply such foods of return them to Borrower. If not
applied earlier, such funds. will be applied to the outstaudiug principal balance under the Note hmnediately prior to foreclosure.
No offset or claim which Borrower might have now or iu the future against Leader shall relieve Borrower frotu making
payments due under the Note and this Security Iustrumeut or perfonttiug the covenants and agreements secured by this Security
Instruuteut.
2. Application of Payments or Proceeds. Except as otherwise described iu this Section 2, all payments accepted' and
applied by Lender shall, be applied in the following order of priority: (a) interest due under the Note; (b) principal due under
the Note; (c) atuouuts due uttder Section 3. Such payuteuts shall be applied [o each Periodic Paymeu[ in the order in which it
became due. Auy remaining amounts shall be applied first to late charges, second to any other atuouuts due under this Security
Iustruuten[, and then to'reduce the principal balance of the Note.
If Lender receives a paytueut from Borrower for a delinquent Periodic Payment which includes a sufficient amount to
pay any late charge due, the payment may be applied to the delinquent paytuent and the late charge. If more than one Periodic
Paynteut is outstaudiug, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,
and to the extent that, each payment can be paid iu full. To the extent that any excess exists after the .payuieut is applied to the
full payment of out or more Periodic Payuteuts, such excess may be applied to.auy late charges due. Voluntary prepayments
shall be applied first to any prepayment charges. and then as described iu Ute•Note.
Any application of payuteuts, insurance proceeds; or Miscellaneous Proceeds to principal due under the Note shall not
extend or postpone the due date, or change the amowtt, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender ou the day Periodic Payments are due under the Note, until
the Note is paid in full, a sum (the "Foods") to provide for payment of amounts due for: (a) taxes and assessments and other
itcuts which eau attain priority over this Security Iustrmuent as a lieu or eucutnbrauce ou the Property; (b) leasehold payments
or growtd rents on rite Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d)
Mortgage Insurance premimus, if any, or any sums payable by Borrower to Lender in lieu of the paytueut of Mortgage
Insurance premimus iu accordance with the provisions of Sectimt 10. These items are called "Escrow Iteuts." At origination or
at any tune during the tent of the Loau, Lender may require that Couuuuniry Association Dues, Fees, and Assessments, if any,
be escrowed by Borrower, and such dues, fees'and assessments"'shall 'be an' Escrow Item. Borrower shall protuptly furnish [o
Lender all notices of uuounts [o be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless .
Leuder.waives•Boirower's obligation to pay the Funds for~any"or all"Escrow"[teuts. Leader ntay~~ waive Borrower's obligation
to (ray to Lender Funds forauy or all Escrow Rents at any time. Auy such waiver may Drily be ili;w.?iGug;;)Ju;tlie;'evedt~f such .
watver, `Borrower shall pay duectly, when and where payable','the"autoun[s'due for any Escrow Items for wlticli payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts,';evidcucutg 'st}ch; paytnentswitltin
such'timc°period;as•L•euder°tuay-require. Borrower's'obligntioti"to''i5iakt"'sdch"payuteuts and to ptovide'rccetpts=shall for ill
purposes..,be., deemG,d.,to,, b$„a„ cov~Atant and a~reetnent contained in this Security Instrumeu[,,.:,as-,Utg..phrase "cn„r„a„r and
~- agreetiieut" 'is used ili>Sectioii ~9. If Borrower is obligated to pay Escrow Items directly, put§uaut to a waiver•~cdud Borrower
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NEBRASKAr-gSwgtaFamdy :, Fanme_Mae/Freddie Mac UNIFORM INSTRUMENT c ~.~ :4'i,} ~ t h ~ d ` ,, ~ ;
Bankers„Systems Ir7q, St CJpgd MK. Fprr4ND~7,fJ,~ BI1712000 (page 20 7 es ~/~/~ I~
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fails to pay the aznouut due for au Escrow Item, Lender may exercise its rights under Section 9 and pay, such amount and
Borrower shall then be obligated under Section 9 to repay to Leader any such atnouu[. Lender may revoke the waiver as to any
or all Escrow Items at any tune by a notice given iu accordance with Section 15 and, upon such revocation, Borrower shall pay
to Lender all Funds, and iu such amounts, that are then required under this Section 3.
Lender may, at arty time, collect and hold Funds in an aznouut (a) sufficient to permit Lender to apply the Funds at the
time, specified under RESPA, and (b) not to exceed the maxhntun aznouut a lender. eau require under RESPA. Lender shall
estnnate the aznouut of Funds due ou the basis of current data aud_reasouable estimates of expenditures of future Escrow Items
or otherwise in accordance with A~tplicable Law.
The Fwtds shall be held m au iustitutiou whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if. Lender is au iustitutiou whose deposits are so insured) or iu any Federal Home Loau Bank. Lender shall
apply the Funds to pay the Escrow Items ao later than the thne specified under RESPA. Lender shall not charge Borrower for
holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays
Borrower interest on the Funds and Applicable Law perutits Lender to stake such a charge. Unless au agreement is made in
writing or Applicable Law requires interest to be paid ou the Futtds, Lender shall not be required to pay Borrower any interest
or earnings ou the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid ou the Funds. Lender
shall give to Borrower, without charge, an annual accounting of [he 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
foods iu accordance wnh RESPA. If there is a shortage of Funds held in escrow, as defined-under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender [he aznouut. necessary to make up the shortage iu
accordance with RESPA, but in ao more than 12 monthly' payments. If [here is a deficiency of Funds held iu escrow, as
defined under, RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender [he aznouut
necessary to make dp the deficiency iu accordance with RESPA, but-iu ao mote than 12 montlily payments.
Upon payment in full of all stuns secured by this Security Iustruuieut, Lender shall promptly refund to Borrower any
Funds held by Lender. '
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and iutpositious attributable to the
Property which eau attain priority over this Security Iustrwneut, leasehold payments or ground rents ou the Property, if any,
and Cotiununity Association Dues, Fees, and Assessuteuts, if any. To the extent that these items are Escrow Items, Borrower
shall pay them m the manner provided in Section 3.
Borrower shall promptly discharge any lieu which has priority over this Security Iustrmneut unless Borrower: (a) agrees
is writing to the payment of the obligation secured by the lieu in a ntauuer acceptable to.Lender, but only so long as Borrower
is perfomnng such agreenteut; (b) contests the lieu in good faith by, or defends against euforcemeut of the lieu iu, legal
proceedings which in Lender's opinion operate [o prevent the cuforcemeut of the lieu while those proceedings are pending, but
only until such proceedings arc concluded; or (c) secures from the holder of the lieu an agreement satisfactory to Lender
subordinating the lien to this Security Instrument. If Lender determines that•auy part of the Property is subject [o a lieu which
can attain priority over this Security Iusttuuieut, Lender tray 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 .[he actions set forth above iu this
Section 4.
Lender may require Borrower [o pay none-thne charge for a real estate. tax verification and/or reporting service used by
Lender in connection with this. Loau.
5. Property Insurance. Borrower shall keep the intprovemeuts now existing or hereafter erected ou the Property
insured against loss by fire, hazards included within the-tens "extended coverage," and any other hazards including, but not
limited to, earthquakes and floods, for which Lender requires insurance. This iusurauce shall be maintained in the amounts
(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
sentences eau change during the tens of the Loau. The iusurauce carrier providing the iusurauce shall be chosen by Borrower
subject to Lender's riglu to disapprove Borrower's choice, which right shall not be exercised wtreasouably. Lender may
require Borrower to pay, in connection with this Loau, either: (a) a one-tune charge for flood zone determination, certification
null tracking services; ,or (b) a one-thne charge for flood zone detemtittation and certification services and subsequent charges.
each time iemappiugs or similar changes occur which reasonably might affecC such detennittatiou or certification. Borrower
shall also be responsible for the paynteut of any fees unposed by the Federal Emergency IV-auagemeut Agency iu comtectiou
with the review of any flood zone deteruinatio^ resulting from au objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain iusurauce coverage, at Lender's
option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage.
Therefore, such coverage shall cover Leader, but might or might not protect Borrower, Borrower's .equity iu the Property, or
the contents of the Property, against any 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 siguificautly exceed the
cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall becoate
additional debt of Borrower secured by this Security htstrtnneut. These aznouuts shall bear interest at the Note rate from the
date of disbursement-and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment.
All insurance policies. requned by Lender and renewals of such policies shall be subject to Lender's rght to disapprove
such policies, shall include a standard mortgage clause, and shall uatite Louder as mortgagee and/or as au additional loss payee:
Lender shall have the. right [o hold the policies and renewal. certificates. If Lender requires, Borrower shall promptly give to .
Leader all receipts of paid premituns and renewal notices. If Borrower obtains any fond of iusurauce coverage, not otherwise
required by Lender, for dautage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as au additional loss payee..
Iu the event of loss, Borrower shall give prompt notice to the iusurauce carrier and Louder. Louder may make proof of
loss if not made promptly by Borrower. Utiless Lender and Borrower otherwise agree in writing, any iusurauce proceeds,
whether or not the underlying insurance 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,
Lender shall have the right to hold such iusurauce 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 iuspectiou shall be undertaken promptly.
Leudcr may disburse proceeds for the repairs and restoration iu a single paynteut or iu a series of progress payments as the
work is completed. Utiless au agreement is made in writing or Applicable Law requires interest to be paid ou such insurance
proceeds, Louder shall not be required to pay Borrower any iuterrst or earnings ou such proceeds. Fees for public adjusters, or
other third parties, retained by Borrower shall not be paid out of the insurance 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 ruins secured by this Security Instrutneut, whether or vot thou due, with the excess, if any,
paid to Borrower. Such insurance proceeds shalt be applied in the order provided for iu Section 2.
If Borrower abandons the Property, Louder may file, negotiate and settle any available iusurauce clahn and related
matters. If Borrower does not respond within 30 days to a notice from Louder that the iusurauce carrier has offered to settle a
claim, then Louder may negotiate and settle the clahn. The 30-day period will begin when the notice is given. Iu either event,
or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to
any insurance proceeds in an amount not'to exceed the amounts unpaid under the Note or [his Security Ius[rmttent, and (b) any
other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
~tolicies covering rite Property, insofar as such rights are applicable to the coverage of the Property. Leudcr may use the
insurance proceeds either to repair or restore the Property or to pay aznouuts unpaid under the Note or this Security Instrument,
whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days
after the execution of this Security Iustrtunent and shall continue ro occupy the Property as Borrower's principal residence for
at least one year after the date of occupancy, utiless Lender otherwise agrees in writing, which coaseuC shall not be
unreasonably withheld; or unless cxteuua[iug circumstances exist which are beyond Borrower's control.
NEBRASKA-Sin le Famil Form 302
g y-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~
Bankers Systems, Inc., St. Cloud, MN Form MD-7-NE 8/17/2000 (page 3 of 7 pngeJ) - 'f ,_
3~8
20075401
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall nor destroy, dazvage or
iittpair the Property, allow the Property [o deteriorate or conuuit waste ou the Property. Whether or not Borrower is residing in
the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing iu value
due to its coudition. Utiless it is detemtiued pursuant to Section 5 that repair or restoratiou is not ecouontically feasible,
Borrower shall promptly ,repair fire Property if daznaged to avoid further deterioration ` or damage. If insurance or
condemnation proceeds are paid iu connection with. daznage to, or the taking of, the Property; Borrower shalt be responsible for
repairing or restoring the Property only if Leader ltas released proceeds for such purposes. Leader may disburse proceeds for
the repairs and restoratio^ in a single payment or iu a series of progress payments as the work is completed. If the iusurauce or
condemnation proceeds are uof sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation
for the completion of such repair or restoration.
Leader or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect the interior of the improvements ou the Property. Lender shall give Borrower notice at the tiute of.or prior
to such au interior inspection specifying such rea"souable cause.
8. Borrower's Loan Application. Borrower shall be iu default if, duiiug [lie 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,
ntisleadiug, or inaccurate iufonna[ion or statements to Lender (or failed to provide Lender with •material iufonnatiou) in
connection with the Loan. Material representations include, but are not Incited to, representations concerning Borrower's
occupancy of the Property as'Borrowcr'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 Instrument, (b) there is a, legal proceeding that might
significantly affect Lender's interest in the Property and/or rights under this Security Iustrwitent (such as a proceeding iu
bankruptcy, probate, for coiidemttatiou or forfeiture, for enforcement of a lieu which may attain priority over this Security
Ltstrwneut 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 htstrumeut,
including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Leader's actions
eau include, but are not limited to: (a) paying any swns secured by a lieu which has priority over this Security Iustrumeut; (b)
appearing itt court; and (c) paying reasonable attorneys' fees to protect its interest iu the Property audlor rights under this
Security Iustrwvent, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not
limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from
pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned ou or off. Although Lender
may take action under [his Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is
agreed that Louder incurs.no liability for not taking any or all actions authorized under this Section 9.
Any aznowus disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrwnent. These azuouins shall bear interest at the Note rate from the date of disbursement and shall be payable, with
such interest, upon notice from Louder to Borrower requesting payment.
If this Security [nstrwuent is ou a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee title to the Property, the lcascliold and the fee title shall not merge uiiless Louder agrees to the merger in writing.
10. Mortgage Insurance. If Lcuder required Mortgage Iusurauce as a coudition of making the Loan, Borrower shall
pay the premiwus required to maintain the Mortgage Iusurauce. iu effect. If, for any reason, the Mortgage Iusurauce coverage
required by,Leuder ceases to be available from the mortgage insurer that previously provided such iusurauce and Borrower was
required to make separately designated payuteuts toward the premiums for Mortgage Iusurauce, Borrower shall pay the
premiwus required to obtain coverage substantially equivalent to the Mortgage htsurauce previously iu effect, at a. cost
substantially equivalent to the cost to Borrower of the Mortgage Iusurauce previously iu effect, from au alternate mortgage
insurer selected by Lender. If substantially equivalent Mortgage Iusurauce coverage is not available, Borrower shall continue to
pay to Louder the amount of rite. separately designated payments that were due when the iusurauce coverage ceased to be in
effect. Lender will accept, use and retain these payments as anon-refundable loss. reserve iu.lieu of Mortgage Insurance.. Such
loss reserve shalt be' non-refundable,' uo[witlistanding the fact that the Loau is ultimately paid iu full, and Louder shall not be
required to pay Borrower any interest or earnings ou such loss reserve. Leader eau uo longer require loss reserve payments if
Mortgage Iusurauce coverage (in the azuount and for the period that Lender requires) provided by au insurer selected by Lcuder
again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a coudition of making the Loau and Borrower was required to make
separately designated payments toward the premiwus for Mortgage Iusurauce, Borrower shall pay the premiums required to
maiutai^ Mortgage Insurance iu effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage
Iusurauce ends in accordance with any written agreement between Borrower and Louder providing for such temtination or until
tenniuatiou is required by Applicable Law. Nothing iu this Section 10 affects Borrower's obligation to pay interest at [he rate
provided in the Note.
Mortgage Insurance reimburses Louder (or any entity that purchases the Note) for certain losses it may incur if
Borrower does not repay. the Loau as agreed. Borrower is not a parry to the Mortgage Iusurauce:.
Mortgage insurers evaluate their total risk on all such iusurauce iu force from time to tune, and .may enter into
,..agreements with other parties that share or. modify their risk, or reduce losses. These agreements are ou tenus and conditions
that are satisfactory [o [Ire mortgage insurer and rite outer party (or parties) to these agreements. These agreements may require
the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may
include funds obtained from Mortgage Iusurauce premiwus).
As a result.of these agreements, Lcuder, any purchaser of the Note, another insurer, any coinsurer, any other entity, or
any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or Wright be characterized
as) a portion of Borrower's payments for Mortgage Insurance, 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 premiwus paid to the insurer, the arrangement is often tenued "captive reinsurance." Further
(a) Atty such agreements will not affect the amounts that Borrower ]tas agreed to pay for Mortgage Insurance, or
any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Utsurauce,
and they will not entitle Borrower to any refund. ,, ;
(h) Any such agreements will not affect the rights Borrower has--if:any--with respect to the Mortgage Insurance
under the IIomeowners 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 premimns that were mtearued at the time of such
cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Fa•feiture. All Miscellaneous Proceeds are hereby assigned to and shall
be paid to Lender.
If the Property is dazuaged, such Miscellaneous Proceeds shall be applied to restoratiou or repair of the Property, if the
restoration or repair is economically feasible aztd Lender's security is not lessened. During such repair and restoratiou period,
Lender shall have the right to hold such Miscellaneous Proceeds until Louder has had au opportunity to inspect such Property
to ensure the work has been completed to Leudcr's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may pay for the repairs and restoratiou in a single disbursement or iu a series of progress payments as the work is
completed. Uiiless au agreement is made iu writing or Applicable Law requires interest to be paid on such Miscellaneous
Proceeds, Lender shall not be required to pay Borrower any interest or earnings mt such Miscellaneous Proceeds. If the
restoration or repair is not ecouontically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
applied to the suuts secured by this Security Instrwneut, whether or not then due, with the excess, if any, paid to Borrower.
Such Miscellaneous Proceeds shall be applied in,the order provided for iu Section 2.
]n the event of a total taking, destruction, or loss iu value of the Property, the Miscellaneous Proceeds shall be applied
[o the swns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
NEBRASKA-SinOle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (page 4 of 7 pngPSf ~-
°~'' .j.'i s {i is .~` ~ + L e
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200'75401
Iu the event of a partial takiug, destruction, or loss iu value, of the Property iu which the fair market value of tile.
Property ntmiediately before [he partial- taking; destructiou, or loss iu value is equal [o or greater than the amouut of the swiss
secured by this Security Instrwneut immmediately before the partial takiug, destructiou, or loss iu value, unless Borrower and
Lender otherwise. agree iu writing,- the scans-secured, by this Security Iustrumeut shall be reduced by the .amount of the
Miscellaneous Proceeds. multiplied: by the following fraction:,.(a) the total atuouut of the sums secured immediately before the
partial taking, destruction, . or loss in, value divided by (b) the fair market value of the Property mm~ediately before the partial
takiug, destruction, or loss in value. Auy balance shall be paid to Borrower.
Iii the event of a partial takiug, destructiou, or loss iu value of ,the Property ,in which the. fair market value, of the ;
Property immediately before the partial taking, destructiou, or loss iu value is less thou rite amouut ~of the sums secured
inuuediately, before the partial takiug, destruction, or loss in value, unless Borrower and Lender otherwise agree iu writing, [he .
Miscellaneous Proceeds shall be applied to the swus secured by [iris Security:Ipstrwtieut whether or not 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 au award to settle a claim for damages, Borrower faits to respond to Lender witltiu 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 scans secured by this Security Instrwneut, 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
to Miscellaneous Proceeds. ~
Borrower shall_be iu default if any action or proceeding, whether civil or crvuittal,-is begun that, iu Lender's judgment,
could result iu forfeiture of the Property or other material inipairateut of Lender's interest iu the Property or rights under this
Security Tusfrwueut. Borrower can.cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by
causing the action or proceeding ao he •dismissed with a ruling that; in Leudcr's. judgtueut, precludes.. forfeiture of the Property
or other material nupainueut of Lender's interest iu the Property or rights under this Security Instrwneut. The proceeds of any
award of clann for dautages that are attributable to the hnpainuent of Lender's interest iu the Property are hereby assigned and
shall be paid [o Leader. ,
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied. in the order
provided for in Section 2.
12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or
modification of amortization of the scans secured by this Security Iustnuueut granted by Lender to Borrower or any Successor
in Interest of Borrower shall not operate to release the liability of Borrower or arty Successors iu Interest of Borrower. Lender
shall not be required to conuueuce proceedings against any Successor iu Interest of Borrower or [o refuse to extend [lute for
payuteut or otherwise modify amortization of the swus secured by this. Security Iustrumeut by reason of any demand made by
the original Borrower or any Successors iu Interest of Borrower: Any forb8arauce by Lender iu exercising any right or remedy.
including, without lnnitation,. Lender's acceptance of payments from third .persons, entities or Successors iu Interest of
Borrower or in amounts less thou the amouut then due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors avd 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 lustrwneut,
but does not execute the Note (a "co-signer"): (a) is co-signing this Security Iustrumeut Duly to mortgage, grant and convey the
co-signer's interest iu the Property under the tenus of this Security Iustrumeut; (b) is not personally obligated to pay rite. swus
secured by this Security Instrwneut; and (c) agrees lira[ Lender and any other Borrower eau agree to extend, modify, forbear or
make any acconuuodatious with regard to the tenus of this Security Instrwneut or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations
under this Security Instrument iu writing, aitd is approved by Lender, shall obtain all of Borrower's rights and benefits under
this .Security Instrwneut. Borrower shall .not be released front Borrower's obligations and liability under this Security
lustrwneut utiless Lender agrees to such release in writing. The covenants and agreements of this Security Iustrumeut shall bind
(except as provided in Section 20) and benefit the successors and assigns of Lender.
14: Loan Charges. Lender may charge Borrower fees for services perforated iu couuectiou with Borrower's default,
for the purpose of protecting Lender's interest in the Property and rights under this Security Iustrumeut; includiug;.~'tiut not
liutited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority
iu this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such
fee. Lender may not charge fees that are expressly prohibited by this Security Iustrumeut of by Applicable Law.
If the Loan is subject to a law which sets maxnuwu loan charges, and that law is finally interpreted so that [he interest
or other loan charges collected or to be collected iu connection wi[1t the Loau exceed the peratitted luuits, then: (a) any such
loan charge shall be reduced by the uuount necessary to reduce the charge to the penuitted limit; and (b) any swus already
collected from Borrower which exceeded penuitted limits will be refunded to Borrower. Lender Wray 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, dte reduction will be treated as a partial prepayment without any prepaynteut charge (whether or not a prepayient
charge is provided for under the Note). Borrower's acceptance of any such refund made by direct paytueut to Borrower will
constitute a waiver of any right of action Borrower Wright have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in couuectiou Willi this Security Iustrumeut must be in writing..,
Auy notice to Borrower in connection with [his Security Instrwneut 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 means. Notice to any rate
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
pranptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, thou Borrower shall only report a change of address through that specified procedure. There may be Drily otte
designated notice address under this Security Instrument at any one tune. Any notice to Lender shall be given by delivering it
or by mailing it by first class mail to Lender's address stated lteteiu unless Lender has designated another address by notice to
Borrower. Any notice iu connection with this Security Instrwneut shall not be deemed to have been given to Lender until
actually received by Louder. If any notice required by this Security Iustrumeut is also required under Applicable Law, the
Applicable Law requirement will satisfy the corresponding requirement under this Security Iustrumeut.
16. Governing Law; Severabi6ty; Rules of Construction. This Security Instrwneut 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 lustrwneut
are subject to any requirements and limitations of Applicable Law. Applicable Law Wright explicitly or hnplicitly 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. Iu the event that any provision or clause of this Security htstrwneu[ or the Note conflicts with Applicable Law, such
conflict shall not affect other provisions of this Security Iustrumeut or the Note which can be given effect without the
couflictiug provision.
As used in this Security Instrwneut: (a) words of the masculine gender shall mean and include corresponding neuter
words or words of the feminine gender; (b) words in dte 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 one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial httet•est iu Borrower. As used in [his Section I8, "Interest iu the
Property" uteaus any legal or beneficial interest iu the Property, including, but not luuited to, those beneficial interests
transferred in a bond for deed, contract for deed, instaluuent sales contract or escrow agreement, the intent of which is the,
transfer of title by Borrower at a future date to a purchaser.
• If all or any part of the Property or any Interest iu the Property is sold or transferred (or if Borrower is not a natural
person and a,beneficial interest' in Borrower is sold or transferred) without Lender's prior written consent, Louder may require
hmnediate payment in full of all sums secured by this Security Instrwneut. However, this option shall not be exercised by
Leader if such exercise is prohibited by Applicable Law.
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/77/2000 (page S Of 7pages)/~
., ~ f', iw. a ~ 1, '1' .~ !..
s~ 8
20075401
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 Ute date the notice is given iu accordance with Section IS within which Borrower must pay all` swiss
secured by this Security Iustrumeut. If Borrower fails to pay these scans prior to the expiration of this period, Lender may
iuvoke.any remedies permitted by this Security Iustrwneut 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 to have enforcement of this Security Iustrwnent discontinued at any tune prior to the earliest of: (a) five days before sale
of the Property pursuant [o any power of sale contained in this Security Ltstrumeu[; (b) such other period as Applicable Law
Wright specify for the tenuinatiou of Borrower's right to reinstate; or (c) entry of a judgnteut enforcing this Security Ltstrwueut.
Those conditions are that Borrower: (a) pays Louder all scans which then would be due under this Security Iustrwneut and the
Note as if uo acceleration had occurred; (b) cures any default of any other covettauts or agreements; (c) pays all expenses
incurred in enforcing this Security Iustrwneut, including, but uotihmited to,.reaeottable 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 Iustrwnent; and (d) takes such action as Louder may reasonably require to assure that Lender's interest in the Property
and rights under this Security Iustrwnent, and Borrower's obligation to pay the scans secured by this Security Instrument, shall
continue unchanged. Lender may require that Borrower pay such reinstatement scans and expenses in one or more of the
following forms, as selected by Louder: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn _upou an institution whose deposits are insured by a federal agency,
iustrwmentaliry or entity; or (d) Electronic Funds Transfer. Upon reinstatement by. Borrower, this Security Iustrumeut and
obligations secured hereby shall remain fully effective as if~no 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 Loau Servicer; Notice of Grievance. The Note or a partial interest iu [he Note (together
with this Security Iustrwneut) eau be sold one or more thnes without prior notice to Borrower. A sale might result iu a change
iu the entity (known as the "Loau Servicer") that collects Periodic Payments due under the Note and this. Security Iustrumeut
and perfomts other mortgage loan servicing obligations under the Note, this Security Iustruueut, and Applicable Law. There
also Wright be one or more changes of the Loau Servicer unrelated to a sale of the Note. If there is a change of the Loau
Servicer, Borrower will be given written notice of the change which will state the ttune and address of the new Loau Servicer,
Ute address to which payments should be made and any other iufonuatiou RESPA requires iu connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan 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 asswmed by the No[e purchaser utiless otherwise provided by the Note purchaser.
Neither Borrower nor Leader may commence, join, or be joined to any judicial action (as either au individual litigant or
the .member of a class) that arises from the other party's actions pursuant to this Security Iustrumeut or that alleges that Ute
other party has breached any provision of, or any duty owed by reason of, this Security Iustrwnent, until such Borrower or
Louder has notified Ute other parry (with such notice given in compliance with the requirements of Section 15) of such alleged
breach and afforded the other parry hereto a reasonable period after t(te giving of such notice to take corrective action. If
Applicable Law provides a time penod which must elapse before certain action eau be taken, that time period will be deemed [o
be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to
Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20. -
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as
toxic or hazardous substances, pollutants, or wastes by Enviromneutal Law and the following substances: gasoline, kerosene,
other flatmmable or toxic petroleuut products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials; (b) "Euvirommeutal Law" means federal laws and laws of the jurisdiction where the
Property is located [hat relate to health, safety or.endiromneu[al protection; (c) "Euvironneu[al Cleanup" includes any response
action, remedial action, or removal action, as defined iu Euvirommeutal Law; and. (d) au "Euvirommeutal. couditiou" nteaus a
condition that can cause, contribute to, or otherwise trigger au Environnenfal Cleanup.
Borrower shall not cause or perniit the presence, use, disposal, storage, or release of any Hazardous Substances, or
threaten to release any Hazardous Substances, ou or iu the Property. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property (a) that is in violation of any Environmental Law, (b) which cieates au Euvirouuteutal
couditiou, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a couditiou that adversely
affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage ou Ute Property
of small quantities of Hazardous Substances that are generally recognized to be appropriate to uonmal residential uses and to
maintcuance of the Property (including, but not limited to, hazardous substances in cousunter products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Euvirommeutal
Law of which Borrower has actual knowledge, (b) any Euvirommeutal Condition, 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.
govenuneutal or regulatory authority, or arty private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all accessary remedial actions iu accordance with
Euvirommeutal Law. Nothing herein shall create any obligation on Leader for au Euvirommeutal Cleanup.
NON-UNIFORM COVENANTS. Borrower and Louder 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 Instrument (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 tltatt 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 in the notice may result in acceleration of the sums
secured by this Security Instrument attd 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 artd sale. If the default is not cured on or before the date specified in the notice,
Lender at its option may require immediate payment in full of all sums secured by this Security Instrument 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 in pursuing the remedies provided in this Section 22, including, but not limited
to, reasonable attorneys' fees and costs of title evidence.
If the power of sale is invoked, Trustee shall record a notice of default iu each county in which any part of the
Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to
the other persmrs prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public
notice of sale to the persons and in the manner 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 in 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 announcement at the time and place of any previously scheduled sale. Lender or its designee
may purchase the Property at any sale.
Upar receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed couveying..the
Property. The recitals iu 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 im the following order: (a) to all costs and 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 Instrmnent; and (c) any excess to the person or
persons legally entitled to it.
NEBRASKA-Sin Ie Famil Form 3026
g y-Fannie Mae/Freddie Mec UNIFORM INSTRUMENT
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 ~ (ynge 6 of 7(algesJ
~~8
20075401
23. Recouveyance. Upon payment of all suttts secured by this Security Iustrumeut, Lender shall request Trustee to
recouvey the Property and shall surrender this Security Iustrtinteut acid al( notes evidencing debt secured by this Security
Iustrmuent to Trustee. Trustee shall recouvey the Property without wariauty to the person or persons legally entitled to it.
Such person or persons shall pay any recordation costs. Leuder may charge such person or persons a fee for recouveying the
Property, but only if the fee is' paid to a third party (such as the Trustee) for services rendered and the charging of the fee is
pemtitted under Applicable Law.
24. Substitute Trustee. Lender, at its option, may from tune to thue remove Trustee ahd appoint. a successor trustee. to
any Trustee appointed hereunder by au iustrmueut recorded in the county iu which this Security Iustrumeut is recorded:
Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon
Trustee herein and 6y Applicable Law.
Z5. 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 terms and coveuatits contained iu this Security Iustrumeut
and iu any Rider executed by Borrower and recorded with it.
;.
' - `.....
af~ r
.............~.,....... .....,................................... (Seal)
MARK A. HINRICHS -Borrower
.. ....... ....... ..........'...................... (Seal)
TRISH LL H~ -Borrower
[Space Below This Line For Acknowledgment]
STATE OP NEBRASKA
County of ................... ADAMS.....................
The foregoing instrmneut was acknowledged before me this .12;05;2p07,,,••••,••,,,.,,..,,,.••••••••,,,,,,,,,,,,,,,,,•„••,•,,,,,,,
....................................(date) by MASK.P,HIN9lGHS;.TPISN.L,HIN.RI.GHS,HUS.9?N.4ANP.WIFE ......... ..,,,..,,. ......... ...............
.........t ............:............................................................................(name of person acknowledged). -
My Conunissiou expires: ~ -5~//
GENERAL NOTARY-State of Nebraska Notary Public
DEBRA J.BARTUNEK
My Comm. Exp. Feb. 5, 2011
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Bankers Systems, Inc., St. Cloud, MN Form MD-7-NE 8/17/2000 Form 3028 7 (O t (jx[g¢ 7of 7/XlgeS)
74~ 9
Exhibit A
i
A tract of land located in the Northwest Corner. of the Northeast
Quarter (NE1/4) of Section Thirty-Four (34), Township Six (6) North,
Range Ten (10) West of the 6th P.M., Adams County, Nebraska, said
tract being more particularly described as follows:
Beginning at the North Quarter (1/4) Corner of Section Thirty-Four
(34), Township Six (6) North, Range Ten (10) West of the 6th P:M.,
Adams County, Nebraska, running thence North 90°00'00" East (assumed
bearings) and along the North line of the said Northeast Quarter
(NE1/4) a distance of 974.90 feet; running thence South 01°29'30" East
a distance of 835.00 feet; running thence South 18°14'39" West a
distance of 103.56 feet;. running thence South 90°00'00" West, parallel
with the said North line of the said Northeast Quarter (NEl/4) a
distance of 968.45 feet to a point located on the West line of the
said Northeast Quarter (NEl/4); running thence North 00°15'39" East
and along the said West line of the said Northeast Quarter (NEl/4) a
distance of 933.08 feet, more or less, to the Point of Beginning,
subject to Public.road right-of-way on the North
$c$ 8