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After Recording Return To
Wells Fargo Bank, N.A.
Attn: Document Mgt.
P.O. Box 31557
MAC B6955-013
Billings,lVIT 59107-9900
NUM Nl°~~'~/s %G~a~
RD. COMP x ~,~t/ a-:~~
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This instrument was prepazed by:
Wells Fargo Bank, N.A.
MEGAN HIBLER
DOCUMENT PREPARATION
ONE HOME CAMPUS X2303-O1C
DES MOINES, IOWA 50328
866-537-8489
(Name & Address of Preparer)
ADAMS COUNTY, NE
FILED
oust. No,~~5 4 5 4
Dateld., /7-07 Time o•'1 Arv1 ,
~~. 1,
REGISTdE,jR'OF DEEDS .
[Space Above This Line For Recording Data]
Account number: 650-650-7629793-OXXX Reference number: 20072967200068
DEED OF TRUST.
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined elsewhere in this
document. Certain rules regazding the usage of words used in this document are also provided in Section 14.
(A) "Security Instrument" means this document, which is dated NOVEMBER 21, 2007, together with all
Riders to this document.
(B) "Borrower" is.LUANA J. UNGER, AN UNMARRIED PERSON. Borrower is the mortgagor under this
Security Instrument.
(C) "Lender" is Wells Fargo Bank, N.A.. Lender is a National Bank organized and existing under the laws of the
United States of America. Lender's address is 101 North Phillips Avenue, Sioux Falls, SD 57104. Lender is the
beneficiary under this Security Instrument.
(D) "Trustee" is Wells Fargo Financial National Bank.
(E) "Debt Instrument" means the promissory note signed by Borrower and dated NOVEMBER 21, 2007. The
Debt Instrument states that Borrower owes Lender TWENTY-SIX THOUSAND SIX HUNDRED AND
00/100THS Dollazs (U.S. $ 26,600.00) plus interest. Borrower has promised to pay this debt in one or more regular
Periodic Payments and to pay the debt in full not later than DECEMBER 15, 2022.
(F) '"Property" means the property that is described below under the heading "Transfer of Rights in the
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Property."
(G) "Loan" means all amounts owed now or hereafter under the Debt Instrument, including without limitation
principal, interest, any prepayment charges, late charges and other fees and chazges due under the Debt Instrument,
and also all sums due under this Security Instrument, plus interest.
(I~ "Riders" means all Riders to this Security Instrument that aze executed by Borrower. The following Riders
aze to be executed by Borrower [check box as applicable]:
N/A Leasehold Rider
N/A Third Party Rider
N/A Other(s) [specify] N/A
(n "Applicable Law" means all controlling applicable federal law and, to the extent not preempted by Federal
law, state and local statutes, regulations, ordinances acid administrative rules and orders (that have the effect of law)
as well as all applicable final, non-appealable judicial opinions.
(.>) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that may be imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(I~ "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similaz paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer,
or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(L) "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 in Section 4) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in
lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(M) "Periodic Payment'.' means the amounts as they become due for principal, interest and other charges as
provided for in the Debt Instrument.
(N) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Debt Instrument and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This. Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Debt Instrument; and (ii) the performance of Borrower's.covenants and agreements under this
Security Instrument and the Debt Instrument. For this purpose, Borrower irrevocably grants and conveys to Trustee,
in trust, with power of sale, the following described property located in the
Coun of ADAMS
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
THE FOLLOWING DESCRIIiED REAL ESTATE IN ADAMS COUNTY, NEBRASKA: LOTS NINETEEN
(19) AND TWENTY (20), BLOCK TWO (2), HEELER'S ADDITION TO THE CITY OF HASTINGS,
ADAMS COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF.
010007495
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which currently has the address of
923 SOUTH LINCOLN AVENUE
[Street]
HASTINGS ,Nebraska 68901 ("Property Address"):
[City] [Zip Code]
~5 < 'i' TOGETHER WITH all the improvements now or hereafter erected on 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 Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
- The Property shall also include any additional property described in Section 20.
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BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to grant and convey the Property and that the Property is unencumbered, except.for encumbrances of record as
of the execution date of this Security Instrument. Borrower warrants and will defend generally the title to the
Properly against all claims and demands, subject to any encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Prepayment and Other Charges. Borrower shall pay when
.due the principal of, arid interest on, the debt evidenced by the Debt Instrument and any prepayment chazges, late
chazges and other chazges due under the Debt Instrument. Payments due under the Debt Instrument and this
Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender
as payment under the Debt Instrument or this Security Instrument is returned to Lender unpaid, Lender may require
that any or all subsequent payments due under the Debt Instrument and this Security Instrument be made in one or
more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are
insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in (or in accordance
with) the Debt Instrument or at such other location as may be designated by Lender in accordance with the notice
provisions in Section .13. Subject to Applicable Law, 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.
2. Application of Payments or Proceeds. Unless other procedures are set forth in the Debt
Instrument or Applicable Law, Lender may apply payments in any order that Lender deems appropriate.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Debt Instrument shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground
rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. Borrower shall
promptly dischazge any lien which has priority over this Security Instrument unless Borrower: (a) has disclosed such
lien to Lender at application for the Loan or agrees in writing to the payment of the obligation secured by the lien in
a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in
good faith by, or defends against enforcement of the lien in, legal proceedings which in.Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings aze
concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument. If Lender determines that any part of the Property is subject to a lien that can attain
priority over this Security Instrument and which was not disclosed on the application for the Loan that Borrower
provided to Lender, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which
that notice is given, Borrower shall satisfy the lien or take one or more of the actions satisfactory to Lender set forth.
above in this Section 3.
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Lender may require Borrower to pay cone-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
4. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property inswed against loss by fire, hazazds included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance
shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What
Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carver
providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,.
which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan,
either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time
chazge for flood zone determination and certification services and subsequent chazges each time remappings or
similar changes occur which reasonably might affect such determination or certification. Borrower shall also be
responsible for the payment of any fees imposed by the Federal Emergency Management Agericy in connection with
the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particulaz type or amount
of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's
equity in 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 insurance coverage so
obtained might significantly exceed the cost of insurance that Borrower could have 'obtained. Any amounts
disbursed by Lender under this Section 4 . shall become additional debt of Borrower secured by this Security
Instrument. These amounts shall bear interest at the rate applicable to the Debt Instrument from time to time, from
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 mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee and Borrower further agrees to generally assign rights to insurance proceeds to the holder of
the Debt Instrument up to the amount of the outstanding loan balance. Upon Lender's request, Borrower shall
promptly give to Lender copies of all policies, renewal certificates, receipts. of paid premiums and renewal notices.
If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction
of, the Property, such policy shall include a standazd mortgage clause and shall name Lender as mortgagee and/or as
an additional loss payee and Borrower further agrees to generally assign rights to insurance proceeds to the holder of
the Debt Instrument up to the amount of the outstanding loan balance.
In the event of loss and subject to the rights of any lienholder with rights to insurance proceeds that are
superior to Lender's rights, the following provisions in this Section 4 shall apply. Borrower shall give prompt notice
to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless
Lender and Borrower otherwise agree in writing, any insurance 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 insurance proceeds until Lender has had an opportunity to inspect such Properly to
ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disbwse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to.
be paid on such insurance 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
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 insurance proceeds shall be applied to the sums secured by this
Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds
shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the
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notice ig.given. In either event, or if Lender acquires the Property under Section 21 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 Debt Instrument or this Security Instrument, and (b) any other of Borrower's rights (other than the right to
any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as
such rights aze applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or
restore the Property or to pay amounts unpaid under the Debt Instrument or this Security Instrument, whether or not
then due, subject to the rights of any lienholder with rights to insurance proceeds that are superior to Lender's rights..
5. Occupancy. Borrower shall occupy, establish, and' use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless (a) Borrower has disclosed to
Lender at application for the Loan that the Property shall not be Borrower's principal residence; (b) Lender
otherwise agrees in writing, which consent shall not be unreasonably. withheld; or (c)~'unless extenuating
circumstances exist which aze beyond Borrower's control. ,
6. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall
not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on 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 in value due to its condition. Unless it is determined pursuant to Section 4
that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to
avoid further deterioration or damage. If insurance or condemnation proceeds are paid in 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 may disburse proceeds for the repairs and restoration in a single
payment or in a series of progress payments as the work is completed. If the insurance.or condemnation proceeds
are not sufficient to repair or restore the Properly, Borrower is not relieved of Borrower's obligation for the
completion of such repair or restoration:
Lender 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 on the .Property. Lender shall give Borrower notice at
the time of or prior to such an interior inspection specifying such reasonable cause.
7. Borrower's Loan Application. Borrower shall be in default if, during the Loan 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 information or statements to Lender (or failed to provide
Lender with material information) in connection with the Loan. Material representations include, but are not limited
to, (a) representations concerning Borrower's occupancy of the Property as .Borrower's principal residence and (b)
liens on the Property that have priority over this Security Instrument.
8. 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 in this Security Instrument
or any obligation that is secured by a lien that is superior to 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 Instrument (such as
a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of any lien which may attain
priority over this Security Instrument 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 in the Property
. and rights under this Security Instrument; including protecting and/or assessing the value of the Property, and
securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums
secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, 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 boazd up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off Although Lender may
take action under this Section 8, Lender does not have to do so and is not under any duty or obligation to do so. It is
,agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 8.
Any amounts disbursed by Lender under this Section 8 shall become additional debt of Borrower secured
by'this Security Instrument. These amounts shall bear interest at the rate applicable to the Debt Instrument from
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time 4o time; from the date of disbursement and shall be payable, with such interest, upon notice from Lender to
Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the
merger in writing.
9. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender, subject to the rights of any lienholder with rights to Miscellaneous Proceeds
that are superior to Lender's rights.
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. Lender may pay for the repairs and restoration in a single
disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in 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 on such Miscellaneous Proceeds. Subject to the rights of any lienholder with
rights to Miscellaneous Proceeds that aze superior to Lender's rights, if the restoration or repair is not economically
feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous
Proceeds shall be applied in the order provided for in Section 2.
Subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's
rights, in the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair mazket value of
the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount
of the sums secured Uy this Security Instrument immediately before the partial taking, destruction, or loss in value,
unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be
reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of
the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair mazket
value of the Property immediately before the partial taking, destruction, or loss in value. Subject to the rights of any
lienholder with rights to Miscellaneous Proceeds that aze superior to Lender's rights, any balance shall be paid to
Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument
whether or not the sums aze then due, subject to the rights of any lienholder with rights to Miscellaneous Proceeds
that aze superior to Lender's rights.
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 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 sums secured by this Security Instrument, whether or
not then due, subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to
Lender's rights. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, iri
Lender's judgment, could result in forfeiture of the Property or other. material impairment of Lender's interest in the
Property or rights under this Security Instrument. Borrower can cure such a default by causing the action or
proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other
material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
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any awazd. or claim for damages that are attributable to the impairment of Lender's interest in the Property aze
fiereby assigned and shall be paid to Lender.
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, subject to the rights of any lienholder with rights to Miscellaneous Proceeds that
are superior to Lender's rights.
10. Borrower Not Released;. Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to
Borrower or any Successor in Interest of Borrower shall not operate .to release the liability of Borrower: or, any ,..
Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in
Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured
by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of
Borrower. Any forbearance'by Lender in exercising any right or remedy including, withoutdimitation, Lender's
acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the
amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
11. Joint and Several Liability; Co-trustors; Successors and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower
who signs this Security Instrument but does not execute the Debt Instrument (a "co-trustor"): (a) is signing this
Security Instrument only to mortgage, grant and convey the co-trustor's interest in the Property under the terms of
this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)
agrees that Lender and any other Borrower can agree to extend, modify, forbeaz or make any accommodations with '
regazd to the terms of this Security Instrument or the Debt Instrument without the co-trustor's consent.
Subject to the provisions of Section 16, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain 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 Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 17) and benefit the successors and
assigns of Lender.
12. Loan Charges. Lender may chazge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security
Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any
other fees, the absence of express authority in 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 Instrument 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 in connection with the Loan exceed the permitted
limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the charge to the permitted
limit;. and (b) any sums akeady collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the principal owed under the Debt Instrument 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 chazge (whether or not a prepayment chazge is provided for under the Debt
Instrument). 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 overchazge.
13. Notices. Unless otherwise described in the Debt Instrument or in another agreement betwceri
Borrower and Lender, the following provisions regazding notices shall apply. All notices given by Borrower or
Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with
this Security Instrument 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 sent by other means. Notice to any one Borrower shall constitute
notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the
Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall
promptly notify 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 only. one designated notice address for Borrower under the Loan at any one time. Any notice to Lender shall be
NE -Closed-end Securit Instr HCWF#25v5 (3/1/OS)
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(Page 7 oj13 pages)
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y q ra a paymen m o a sums secure y s ecunty nstrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
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 in accordance with Section 13 within which
_ Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
- - expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice 'or demand on Borrower.
17. Sale of Debt Instrument; Change of Loan Servicer; Notice of Grievance. The Debt
Instrument or a partial interest in the Debt Instrtunent (together with this Security Instrument) can be sold one or
more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan
Servicer") that collects Periodic Payments due under the Debt Instrument and this Security Instrument and performs
other mortgage loan servicing obligations under the Debt Instrument, this Security Instrument, and Applicable Law.
There also might be one or more changes of the Loan Servicer unrelated to a sale of the Debt Instrument. If there is
a change of the Loan Servicer, Borrower will be given written notice of the change as required by Applicable Law.
If the Debt Instrument is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the
Debt Instrument, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be
transferred. to a successor Loan Servicer and are not assumed by the purchaser of the Debt Instrument unless
otherwise provided by the purchaser of the Debt Instrument.
Neither Borrower nor Lender may commence, ,join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument 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 13) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period
that must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of
given by delivering it or by mailing it by fast class mail to Lender's address stated herein unless Lender has
designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not
be:deemed to have been given to Lender until actually received by Lender. If any notice required by this Security
Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding
requirement under this Security Instrument.
14. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and, to the extent not preempted by federal law, the law of the jurisdicfion in which the
>- Property is located. All rights and obligations contained in this Security Instrument aze subject to any requirements
and limitations of Applicable Law. Applicable Law might explicitly o; 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 Instrument or the Debt Instrument conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Debt Instrament which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a)r-words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singulaz shall mean and include the
plural and vice versa; (c) the word "may" gives sole discretion without any obligation to take any action; and (d)
headings that appeaz at the beginning of the sections of this Security Instrument aze inserted for the convenience of
the reader only, shall not be deemed to be a part of this Security Instrument, and shall not limit, extend, or delineate
the scope or provisions of this Security Instrument.
15. Borrower's Copy. Borrower shall be given one copy of the Debt Instrument and of this Security
Instrument.
16. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 16,
"Interest in the Propert}~' means any legal or beneficial interest in the Property, including, but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment 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 in 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,
Lender ma re uire immed' t t ' full f 11 d b thi S I
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this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuarit to Section 21. and the
- notice of acceleration given to Borrower pursuant to Section 16 shall be deemed to satisfy the notice and opportunity ..
to take corrective action provisions of this Section 17. If Borrower and Lender have entered into an agreement to
azbitrate disputes; the provisions of any such azbitration agreement shall supersede any provision in this Section 17
that would conflict with the arbitration agreement.
18. Hazardous Substances. As used in this Section 18: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances: gasoline,. kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, .mold, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to
health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial
action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a
condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazazdous
Substances, or threaten to release any Hazazdous Substances, on or in 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
creates an Environmental Condition, or (c) which, 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 on the Property of small quantities of Hazazdous Substances that aze generally
recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not
limited to, hazardous substances in consumer 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 Environmental Law of which Borrower has actual lmowledge, (b) any Environmental Condition,
including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance,
and (c) any condition 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 governmental or regulatory authority, or any private
party, that any removal or other remediation of any Hazazdous. 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 on Lender for an Environmental Cleanup.
19. Assignment of Leases and Rents. Borrower irrevocably grants, conveys, sells and assigns to
Trustee, in trust for the benefit of Lender, as additional security: (a) all of Borrower's right, title and interest in and
to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and
occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such
agreements (all referred to as "Leases"), and (b) all of the rents, security deposits, issues and profits arising out of or
earned in connection with the Property (all referred to as "Rents").
Borrower will promptly provide Lender with true and correct copies of all existing and future Leases:
Borrower may collect, receive, enjoy and use the Rents so long as Borrower is not in default under the terms of this
Security Instrument. Bonower agrees that this assignment is immediately effective between the parties to this
Security Instrument. Borrower agrees that this assignment is effective as to third parties when Lender or Trustee
takes affirmative action prescribed by law, and that this assignment will remain in effect during any redemption
period until the Loan is satisfied.
Borrower agrees that Lender or Trustee may take actual possession of the Property without the necessity; of
commencing legal action and that actual possession is deemed to occur when Lender, or its agent, notifies Borrower
of an event of default and demands that any tenant pay all future Rents directly to Lender. On receiving notice of an
event of default, Borrower will endorse and deliver to Lender any payment of Rents in Borrower's possession and.
will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Unless
.Applicable Law provides otherwise, all Rents collected by Lender or Lender's agent shall be applied first to the'
costs of taking control of and managing the Property and collecting the Rents, including, but not limited to;
attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums;
taxes, assessments and other chazges on the Property, and then to the sums secured by this Security Instrument in the
order provided for in Section 2. If the Rents of the Property are not sufficient to cover the costs of taking control of
NE -Closed-end Secun lnstr HCWF#25v5 (3/1/05)
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(page 9 of l3 pages)
Documents Processed 11-21-2007, 12:21:50
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`~00"15454
and managing the Property and of collecting the Rents any amounts disbursed by Lender for such purposes shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall beaz interest at the
rate applicable to the Debt Instrument from time to time, from the date of disbursement and shall be payable, with
such interest, upon notice from Lender to Borrower requesting payment.
Borrower warrants that no default exists under.the Leases or any applicable landlord/tenant law. Borrower
agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law.
20. Condominiums; Planned Unit Developments. If the Property is a unit in a condominium
project ("Condominium Project") or is part of a planned unit development ("PUD"), Borrower agrees to the
following:
A. Obligations. Borrower shall perform all of Borrower's obligations under the Constituent Documents.
The "Constituent Documents" are the: (i) Declazation or any other document which creates the Condominium
Project or PUD and any condominium association, homeowners association or equivalent .entity ("Community
Association"); (ii) any by-laws or other rules or regulations of the Community Association; and (iii) other equivalent
documents. Borrower shall promptly pay, when due, all Community Association Dues, Fees, and Assessments.
B. Property. For units in a Condominium Project, the Property includes the unit in, together with an
undivided interest in the common elements of, the Condominium Project, and Borrower's interest in the Community
Association and the uses, proceeds and benefits of Borrower's interest. For PUDs, the Property includes, but is not
limited to, a pazcel of land improved with a dwelling, together with other such parcels and certain common azeas and
facilities, as described in the Constituent Documents, and Borrower's interest in the Community Association and the
uses, benefits and proceeds of Borrower's interest.
C. Property Insurance. So long as the Community Association maintains, with a generally accepted
insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which
provides insurance coverage in the amounts (including deductible levels), for the. periods, and against loss by fire,
hazazds included within the term "extended coverage," and any other hazazds, including, but not limited to,
earthquakes and floods, for which Lender requires insurance, then Borrower's obligation under Section 4 to
maintain property insurance coverage on the Properly is deemed satisfied to the extent that the required coverage is
provided by the Community Association policy. Borrower shall give Lender prompt notice of any lapse in required
property insurance coverage provided by the master or blanket policy. In the event of a distribution of property
insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to common
elements of the Condominium Project or to common azeas and facilities of the PUD, any proceeds payable to
Borrower aze hereby assigned and shall be paid to Lender for application to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid. to Borrower, subject to the rights of any lienholder
with rights to insurance proceeds that are superior to Lender's rights.
D. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the
Community Association maintains a public liability insurance policy acceptable in form, amount, and extent of
coverage to Lender.
E. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to .
Borrower in connection with any condemnation or other taking of all or any part of the Property, whether of the unit
or of the common elements of the Condominium Project or the common azeas and facilities ofthe PUD, or for any
conveyance in lieu of condemnation, aze hereby assigned and shall be paid to Lender, subject to the rights of any
lienholder with rights to such proceeds that aze superior to Lender's rights. Such proceeds shall be applied by
Lender to the sums secured by the Security Instrument as provided in Section 9.
F. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior
written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the
Condominium Projector PUD, except for abandonment or termination required by law in the case of substantial
destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any
amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender;
(iii) termination of professional management and assumption ofself-management of the Community Association; or
(iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the
Community Association unacceptable to Lender.
G. Remedies. If Borrower does not pay Community Association Dues, Fees, and Assessments wfieri due;
then Lender may pay them. Any amounts disbursed by Lender under this pazagraph G shall become additional debt .
NE -Closed-end Securit Instr HCWF1125v5 (3/1/05)
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Documents Processed 11-21-2007. 12:21:50
20Q'"1~454
of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,
these amounts shall beaz interest at the rate applicable to the Debt Instrument from time to time, from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
NON=UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. 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 16 unless Applicable Law provides otherwise) or following-any event of default under Debt
Instrument. 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 in the notice may result in~ acceleration of the
sums secured by this Security Instrument and sale of the Property. 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 21, 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 in 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 persons 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 in 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.
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
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 Instrument; and (c) any excess to the person or persons legally entitled to it.
22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request
Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured
by'this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty. Borrower shall pay
any recordation costs. Lender may charge Borrower a fee for reconveying 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 permitted under Applicable
Law.
23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a
successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security
Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title,
power and duties conferred upon Trustee herein and by Applicable Law.
24. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to
Borrower's address which is the Property Address.
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For An Individual Acting In His/Her Own Right:
State of ~2(1,~j~rJ ~~t
County of i/ tc w~f
The foregoing instrument was acknowledged before me this ~i7 t' ~ ~ d~lLL<%~ Z ~ 1u~7 (date)
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Witness my hand and official seal, this the ? / day of d~I Gt ~-un hXf ~ tkl
[Notary Seal]
GENERAL NOTARY - State of Nebraska
BI MICHAEL M. SHUCK
-- My Comm. Exp. Sapt t3, 2009
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