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HomeMy WebLinkAbout20075511NUM PGS._,Q~__ DOC TAX CK# FEES ~L• QQ PD~_ CK#(~c~ CHG ACCI'# RET FEES:_CASH_ R.0.0. CK# REC'D' - ._ RETURN_ Pr 0 (~u~} 8.3ooq ~lnroln n~E 6~Sol- 30.09 LOAN NUMBER: 0160275333 DLL+"D OI+ TRUSrI' THIS DEED OF TRUST ("Security Instntmetit") is made on December 12, 2007. The grantor is Jesus Ilcrnandcz and Magaly Rodriguez, HUSBAND AND WIFE, whose address is 745 S. Franklin Avenue, Hastings, Nebraska 68901 ("Borrower"). Borrower is not necessarily the.same as the Person or Persons who sign Lhe Note. The obligations of Borrowers who tlitl not sign dte Note are explained luriher in the section tilled Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The tnlslee is TicrOnc Bank whose address is 1235 'N' St / Y.O. Box 83009, Lincoln, Nebraska 68501. ("Trustee"). The benclici~uy is Tia•One Bank, which is organized and existing Hader the laws of dte United States of America end whose address is ]235 'N' St / PO Box 83001), Lincoln, Nebraska 08501 ("Lender"). Jesus Hernandez and Magaly Rodriguez owe Letuler the principal sum of Four Thousand Five Hundred Ninety-nine and 00/100 Dollars (U.S. $4,599.00), which is evidenced by the note, consumer loan agreemetu, or similar writing dated the same date as this Sa:urity btstnmtettt (the "Note"), which provides for periodic payments ("Periodic Payments"), with the lull debt, if not paid earlier, clue anti payable on December 20, 2011. This Security Instrument secures to Lcndcc (a) the rcpaymemt,of the debt evidencL~d by the Note, with interest, and all renewals, extensions and modilications of the Note; (b) the payment of all other sums, with interest, advanced to protect the security of this Security Instnunentt under the provisions of the section titled Protection of Lender's Rights in the Property; and (e) the performance of Borrower's covenants and ab~reemcnls under this Security [nstntmenl and the Note. For this purpose, Borrower, i^ consideration of the debt and the tnlsl herein created, irrevocably grants and conveys to Trustee, in lnlst, with power of sale, the lollowiug tlescribtxl property located in the COUNTY of ADAMS, State of Nebraska: Address:.745 S. Franklin Avcnuc, Hastings, Nebraska 0,8901 ~/ ~ , n Legal Description: NORTH 13.8 FEET OF LOT ll & SOUTH 55 FEET OF LOT l2, BLOCK 2, Z IQr~ ~ HASTINGS, ADAMS COUNTY, NEBRASKA Parcel ID/Sidwell Number: 010007624 TOGETHER WITH all the improvements now or hereaRer erected on the property, antl all easements, appurtetumces, and lixtures now or hereatler a part ol'lhe property. All rchlacemetrts and atlditious shall also be coveral by this Sex;urity Instnunent. All of the foregoing is referred to in this Security Instntme~ri as the "Properly.". BORROWER COVENANTS that Borrower is lawfidly seised of the estate hereby conveyed and has the right to gran) and convey the Property and that the Property is unencumbered, excef~t for encumbrances of record. Borrower warrants and will defe~nl generally the title to the Property against all claims and demands, subject to any encumbrances of record. Borrower antl Lender covenatt axl agree as follows: f)2009-2007 Copyrigln Cumpli:umc Syalcros, Ln. NC9C-70.28 - 2007.01.311 Co~uauna Real 6amm - Secmily LntnumM1 DC2036 Paye 1 orb ~v omplianccyalcma,com 800-96&8522 -Fax 616-9i6-1868 / ~ ~- / Of~ I~YVUYIIIIRA'u9RIlU ADAMS COUNTY, NE FILED INST. N0. `~ " 5 i ~. Date) do-o~ Time /o: ~ ~1 TER Of DEEDS NUM RD.COMP x ld I COMPARE ~~ CADAS - AO (Space Abo~~e This Line For Rewrdit>o Data) Nor/ e~51~ j ppk` f.; Y f.'.. ( +lp U 1 ~. 't t i v~ a y+ at' l• 'ii t~ Af Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when clue the principal of and interest on the debt evidencexl by the Note ~md any pre)~ayment and late charges due wider the Nate. Applicable Law. As usctil in this ScKUrily Instrument, the term "Applicable Law" shall menu all controlling applicable lederal, state and local statutes, regidalions, ordinances and administrative ndes and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. Funds for Taxes and Insurance. At Lender's request and sul?jc~t to Applicable Law, Borrower shall pay to Lender on the day periodic payments are clue under the Note, until the Note is paid in fill, a sum ("Fiords") for: (a) yetu-ly taxes and assessmarts which may attain priority over this Seccuity Instnlment as a lien on the Properly; (b) yearly Ictlsehold payments or ground rents on the Propcaly, if any; (c) yearly hazard or property insurance premiums; (d) yearly hood insurance premiums,.if any; (e) yearly mortgage insurance premiums, if any; and (1), any sums payable by Borrower to Le~xler, in accordance with the provisions of the paragrrlph tilled Mortgage Insurance, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow items." Lc~xlcr may, at any time, collect tmd hold Funds in an amount not to exceed the maximum amount a lender for a I'alerally rclat.cd nwrtgage loam may rcxluire for Borrower's escrow account under the 1'ecleral Real Estate Seltlemc~ri Procedures Act pf 1974 ;ls amendal liom time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another Applicable Law that applies to the Funcls sets a lesser amount If so, Lc~uler may,' at any time, collect and hold Funcls in ;m iunouul not to exceal the lesser amocmt. ~Letider may estimate the amount of Funds due oti the basis of current data and reasonable estimates of expenditwes of future Escrow items or otherwise in accorchmce with Applicable Law. The Fcmds shall beheld in an institution whose deposits are insured by a federal agency, instrumelitality, or etriity (including Le~uler, if Letuler is such an institution) or in ;ury Foderal Home Lottn Bank. Le<ulcr shall apply the Puuds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funcls, annually analyzuig the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Fwxls and Applicable Law permits Le~uler to make such a charge. However, Lender may require Borrower to pay aone- time.charge for an independetll real estate tax rel7orting service used by Lender in connection with this loan, anless Applicable Law provides otherwise. Unless ~m agreement is made or Applicable Law requires interest to be paid, Lender shall not be rc~uired to pay Borrower any interest or e~u7rings on the Funcls. Borrower and Lender may agree in writing, however, that interest shall he paid on the Fwuls. Laxler shall give to Borrower, wiUcout charge, an annual accounting oI'the Funcls, showing cralils and debits to the Funds and the pcupose for which each debit to 1.he Fcmds was made. 1'he Funds are pledgal as additional security for all sums secure<t by this Secwity hrstrumart. If the Funds held by Lender exceed the amounts permitted to he held by Applicable Law, Lender shall account to Borrower for the excess Funcls iii accordance with the requiremc~lts of Applicable Law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to makeup the delicietlcy. Borrower shall make up the delicieticy hr no more dnm twelve monthly payments, at Le~xler's sole discretion. Upon payment in hill of all sums scx;urcxi by this Security Instnunent, Lender sha!! promptly refund to Borrower any Funcls held by Lender. Il; under the section titled Acceleration; Remedies, Lender shall acquire or sell the Properly, Lelxler, prior to the acquisition or sale of the Property, shall apply any Funcls held by Lender at the time of acquisition or sale as a cralit against the sums secured by the Security Instrument. Application of Payments. Unless Applicable Law provides otherwise, all paymc~ris received by Lender shall be applied: lirst, to any prepaytnenl charges clue under the Note; second, to amowus payable under the section titled Funds for Taxes and Insurance; third, to interest clue; fourth, to principal due; and last, to any late charges due under lire Note. Charges; Liens. Borrower shall pay alt taxes, assessmc~rts, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payme3ris'or ground rents, if any. Borrower shall pay these obligations in the manner provided iu section titled Funcls for Taxes and insurance, or ®2004-2007 CopY~iglrt CompGnncc Syatrnn, Ln, RC9C-3628 - 2007.01.201 Co~wimcr Real Estate- Scewity Imhlvmrt DL2036 Pnge 2 of 8 /`~ ~ ~~ www. cortipGvmdyatcm a.com 800-968-8522-Fan 616-956.1868 ~at~ 9' 2U0'75511 if not paid in that manner, Borrower shall pay them on time directly to the person owed payment At the request of Lc~ruler, Borrower shall promptly lunush to Lender receipts evidencurg the payments. Borrower shall promptly discharge any lien which has priority over this Sa;urity histnunc~7t unless Borrower: (a) agrees in writing to the payment of the obligation sa;ured by the lien in a manner acce)riable to Lender; (h) contests in good faith the lien hy, or deleluls against c~rforcement of the lien in, legal procealings which in the Lender's opinion operate to preve~7t the etfforcement of the, lien; or (c) 'secures from the holder of the lien tm a~eemd7t satisfactory to Lender subordinating the lien to U7is Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice ide<llilyiug the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 clays of Ure giviig of notice. Hazard or Property Insurance. Borrower shall keen the improvements now existing or hereaifter erected on the Property insured against loss by lire, hazards included wiUfin U3e term "extetrde<l coverage" and any oUrer hazards; including floods or flooding, for which Lender requires insw'ance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Le<idcr's approval which shall not. he unreasonably wiUihcld. If Borrower fails to maintain covc7age descrihcid above, Lender may, at Lcndcv's option, obtain coverage to protect Lefulc~r's rights in the Property in accordance with section titled Protection of Lender's Rights in the Property. All insurance policies and renewals shall be acceptable to Leaxler and shall include a standard mortgage clause. Leudcr shall have the right. to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lemler all receipts of pxid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insuranece carrier and Lchuler. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insw-ance procec~ls shall he applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible smd Lender's security is not lessen al. [f the restoration or re~~air is not economically feasible or Lender's security would 'he lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then clue, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer wiUri^ the number of clays prescribed by Applicable Law as set forth in a notice from Lender to Borrower that Ure insurance carrier has olli~ral to selUe a claim, then Lctixler may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums scx;ural by this Security Instrument, whether or not then clue. The period of time for Borrower 1.o answer as set forth it the notice will begii when the notice is given. Unless Lender and Borrower otherwise a~ee in writing, any application of proceeds to principal shall not extend or postpone the clue date of the payments referred to in the sections titled Payment of Principal and Interest; Late Charges and Tunds for Taxes and Insurance or change the amow~t of the payments. If under Ute section liUed Acceleration; Remedies, the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting Liom damage to the Property prior to the acquisition shall pass to Lender to the extefll of the sums secrred by Uiis Seccuily histnm~et7l immediately prior to Uie acquisition. Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on Uie Property. Borrower shall.he in detimlt if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lcauler's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security lustnunent or Lender's sec;urily interest. Borrower may cure such a detilult and reinstate, as providal io section titled Borrower's Right to Reinstate, by causing the action or proceeding to be dismiss~xl with a riding that, in Lc~uler's good faith determination, precludes forfeitureoflheBorrower's interest in the Property or other material impairmefll of the lien created by this Security Instrument or Lender's security interest Borrower shall also he in default if Borrowc~, during the loan application process, gave materially false or inaccurate information or statements to Leudcr (or failed 1o provide Lender wish any material information) in, conneeliou with the loan evidencal by the Note. If Uris Sa;urily Instrument is on a leasehold, Borrower shall ~ 2004-2007 Copyright Complimmc 8yutrnn, hr. NC9C-7E2R - 2007.01.201 www.compGumesyacma.com Co~uiuner Real Estate-Seowity Lalnune~rt DL2036 'Pagel of6 800-966-R522-Fax 616-956'IR66 ~~~~ ~ ~~ ~o~~ FiQQr~e?e~.1,.1 . 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 it writing. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained iu this Security Instniment, or there is a legal procec~tling that may significantly affect Lender's rights in the Property (such as a proceexling in bankniptcy, probate, for condenwation or forfeiture or to enforce laws or regulations), thc~4 Lender may do and pay for whatever is necessary to protect the value of the Property and Lc~uler's rights in the Property. Lender's actions may include paying any sums secured by"a lien which has priority over this Security hrstrume~it, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. A1ltiough Lender.may take action under tlus section, Lender does not have to do so. Any amounts disbtused by Lender under this section shall become additional debt of Borrower secured by this Saurity Instnmient. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be liayable, with interest, upon notice from Le<~der to Borrower requesting payment. ` Mortgage Insurance. If Leiner required mortgage iusiuauce as a condition of making the loan secuued by this Seccuityhnstrument, Borrower shall paythepremiums requiral to maintain the mortgageinsuraucein effect. If, for" any reason, the morigage insuruice coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substfmtially equivalent to the mortgage insurance previously in effect, at a cost subst~urtially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate morigage insurer approved by Leader. If substtmtially equivalent mortgage insurance coverage is not available, Borrower shall pay Io Lexler each month a sum equal to one-twelfth. of the yearly morigage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to he in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lexler, if mortgage insurance coverage (i^ the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtainal. Borrower shall pay the premiums requircxl to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or Applicable Law. lnspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower uoticeat the time of or prior to an inspection specifying reasonable cause for the inspection. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condenwation, are hereby assibnned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security h~stniment, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Prolerty in which the fair market value of the Property;immediatelybafore the taking is equal to or greater than the amount of the sums secured by this Security Instniment shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immc';liately before the taking, dividal by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of tlne~~sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall be applicYl to the sums secured by this Security Instnimeut 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 condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within the minimum number of days established by Applicable Law alter the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to- restoration or repair of the Property or to the sums secured by this Security Insln~ment, whether or not Unen clue. FJ 2009-2007 Copy~i{;I~l Compliwme Syalesre, lira. XC9C-JE2X -?007.01101 www.eompGanceaysiems.cow CosmanT Real 6slnle -Security Ln6zuvn9 DL2036 Page 4 of 8 X00-96R-R622 -Fax 616A66-IR68 .'''/i / V ~ V ~ nf~ 2AQ"l5511 Unless Lender and Borrower otherwise at,~ree in writing,,any application of proceeds ro principal shall not extend or postpone the clue date of the paytneuts Payment of Principal and Interest; Late Charges and Funds for Taxes and Insurance or change the amount of such payments. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time 1'or paymetu or modification of amortization of the sums sa:ural by this Security Instrnmettt granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor iu interest or refuse to extend time for payment or otherwise modify amortization of the sums sectval by this Security Instntment by reason nl' any demand made by the original Borrower or Borrower's successors in interest. Any lotbearance by Lender in exercising iuty right or remaly shall not he a waiver of or preclude the exercise of any right or remaly. Successors and Assigns Bound; Joint and Several Liability; Accomodation Signers. The covenants and agreements of this Security hstrnment shall bind and benefit the successors and assigns of Lender and Borrower; subject to the provisions of section titled Transter~of the Property or a Beneficial Interest in Borrmver. Borrower's cove,7ants and agreements shall bejoint amt several Any person who co-signs this Security Instntmeari but does not. exaute the Nute ("Accogtodatiou Signer"): (a) is co-signing this Security 6stntment only to mortgage, grant and convey Ihat Accomodation Si6mer's interest in the Property under the terms of the Security InstntmEari; (b) is not personally obligated to pay the sums secural by This Security Instrumett; and (c) agrees that Lender and any o11:cr Borrower may agree to extend, modify, forbear or make any accommodations with regard to the lernu of this Security Instnmtent or the Note without that Accomodation Signer's consent. Loan Charges. If the loan secured by this Security Instntment is subject to a law which sets maximum loan charges, iuul that law is f rally interpreted so that the interest or other loan charges collectal or to be collectal in conna;tion with the loan exceed the permitted limits, tlreu: (a) any such loan charge shall be raluced by the amount na;essary to raluce the charge to the permitted limits and (b) any sums already collectal from Borrower which excealed permitted limits will be refimdal to Borrower. Lender may choose to make this refund by ralucing the principal owed tinder the Note or by makutg a direct paynratt to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepaynrettt without any prepayment charge tinder the Note. Notices. Any notice to Borrower providal for in this Security Instntment shall he given by delivering it or by mailing it by first class mail unless Applicable Law rexluires use of another method. The notice shall be direclal to the Property Addressor any other address Borrowet~ designates by notice to Letuler. Any notice to Lender shall he given by first class mail to Letxler's address stated herein or any other address Lender designates by notice to Borrower. Auy notice providal for in this St~urity hrslntmeul shall he deemed to have beat give: to Borrower or Letxler when given as provided in this paragraph. Governing Law; Severability. This Sexurity Instrument. shall be govental by faleral law and the laws of the state of Nebraska. In the event Ihat any provision or clause of this Security Instntmett or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instntment or the Note which can be givet elTect wittout the conflicting provision. To this etd the provisions of this Security Instntment and the Note ttre declared to be severable. Borrower's Copy. Borrower shall he given one confornted copy of this Sectrity Instntment. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferral (or if a beneficial interest in Borrower is sold or transferal and Borrower is not a natural person) unless the Note shows that Borrower's loan is assumable, Leiner may, at its option, require immaliate payment in full of all sums secured by this Sectuily Instrumert. However, this optimt shall not be excrcisal by Letder if exercise is prohibited by faleral law as of the date of this Security Instntment. If the Note shows that Borrower's loin is assumable, Borrower must obtain Lender's written permission for an assumption and litllow any other requiremetris of Lender related to an assumption. If Borrower does not do so, Larder may require immediate payment in Lull of till sun>_s secured by this Security htstrumatt. ®2004-2007 Colryiighi Complimme Syetrnv, hc. NCOC-757N - 2007.01.201 ~ ))) www.comPBanecsy~tem~.com Comiuner Real6rtate-Scemity LuhtumrtDL2076 Page Sol'H , / 800-96N-R522-Faz 616-956-186N l///// l ~. rZ ~o~~ 200'75511 ~If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than the minimum number of clays established by Applicable Law from the date [he notice is deliverrxl or mailed within which Borrower must pay all sums secured by this Security InSlnlmC'Ilt. [f Borrower Mils to pay these sums prior w theexpiration of this period, Lender may invoke auy remedies permitted by this Sa:ririty histrnmc'rrt without fiuthcr notice or demand on Borrower. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have eulorcement of this Security Instrnmen~t discontliniexl at any time prior to the earlier of: (a) 5 clays (or such other period as Applicable Law may specify for reinstatement) before sale of the Property pru'suant to any power of sale contained iu this Security Instrumcrrt; or (b) entry of a judgmtxrt etrforciug this Security Instrume<t. Those conditions are that Borrower: (a) pays Letuler all.sums which then would. be diie under this Secrvity Lrstrumet~t and the Note as iI' no acceleration had occurrcxl; (b) cures any default of any other coverranis or agreements; (c) pays all expenses incurred i^ enforcing this Security Lrstrnmc~rt, including, but not limited to, reasonable attorneys' fees to the extetrt permitted bylaw; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Le~nler's rights in the Property and Borrower's obligation to pay the sums secured by this Seciuity Instnimcnl shall continue unchanged. Upon reinstateme<rt by Borrower, this Secruity [nsirnment and the obligations securcxl hereby shall remain fully e1Ta;tive as if no acceleration had occurrexl. However, this right to reinstate shaill not apply in llie case of acceleration under the section titled Transfer of the Property or a Bcneticial interest in Borrower. Sale of Note Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instnument) may be sold one or more times wiUiout prior notice to Borrower. A sale may result in a change in the c7rtily (known as the "Loan Serviccr") that collects pcTiodic payments chic render the Note and This Security histnunerri. There also may be one or more changes of the Lo,ui Scrvicc~r unrelated to a sale of the Note. If there is a change of the Luau Servicem, Borrower will be givcar written notice of the change in accordance with the section tilled Notices and Applicable Law. The notice will state the name and address of the new Loan Servicer and Ure address to which paymetrts should be made. The notice will also contain any other information required by Applicable Law. Iazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Subsl<~urces on or in the Properly. Borrower shall not do, nor allow anyone else to do, anything af1'eciing the Property that. is in violation oP auy Environmental Law. The precaling two setrtetrces shall not apply to the presence, use, or storage on the Property of small quantities oPHazardous Subst~mces that are ge<rerally recognized to be appropriate to norma residential uses xnd to maintefrance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agcarcy or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, br is notified by any governmental or regulatory authority, Ihat any removal or other remediation of any Hazardous Substance affecting the Property is na;essary, Borrower shall promptly lailce all necessary remedial actions in accordance willr Environmental Law. As used in This paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmelrt<tl Law and the following subst~mces: gasoline, kerosene, other tlammable or toxic petroleum products, toxic pesticides and herbicides, volatile solve~rts, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph, "Environmental Law" means le<leral laws and laws of the state of Nebraska that relate 1o health, safely or environmental protection. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Secm•ity instrument (but not prior to acceleration under the section titled Transfer of the Property or a Bcneticial interest in Borrower, unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not Icss than the minimum number of days established by Applicable Law 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 ®2004-2007 Copyright ComPliume System, Lc. RC9C-3G2g - 2007.01.201 www.compGmsayslems.com Convunwr Real6alele- Samity Latnsmnn DL2036 Page 6 ofN/nJ~///V//~ R00-968-8522-Fax 616-956-IR6ft / ` ~'-'r ~~ (p o f P l;~rt t' 2~0"15511 sale of the Property. To the extent permitted by law, the notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security h+strument without further demand and may invoke the power of sale and any other remedies permitted by Applicable~Law. To the extent permitted by law, Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, reasonable attorneys' Pecs 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 require8 by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescriber[ by Applicable Law. Trustcc, without demand on Borrower, shallscll the Property at put+lic auction,to the highest bidder at thatime and place and under the terms designated irrthe notice of sale in one or more parcels and in any order Trustee determines. Trustcc may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previoasly scheduler) 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 deer) 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; (h) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. Reconveyance. Upon pay+uent of all sums socural by this Security [nsln+me7rt, Lender shall request Trustee to rex;onvey the Property and shall surrc`r+rlcr this Security Instrument and all notes evidencing debt secured by this Security Instnmrent to Tn+slee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for ra;onveying the Properly, but only if the fee is pair) to a U+ird party (such as the Trustee) for services rendered and U+e charring ol'U+e fee is pernitted under Applicable Law. Substitute Trustee. Lender, at its option, may from lime to time remove Trustee and appoint a successor trustee to any Tn+stee appointed hereunder by au insln+ment recorded iu the county in which this Security lnstrument is ra:ordal. Without. conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferral upon Tn+slee herein and by Applicable Law. 12equcst for Notices. Borrower ralucsts that copies of the notice of default and sale be setri to Borrowev's address which is the Property Address. BY SIGNING BELOW, Borrower accepts and agrees to Ure terms and covenants contains) iu all pages of this Sectuity rstnmre~rt <m 1 in,a y Riderexecuted by Borrower and resrordal with it. ~~ ~~ ~Lsus tlen~slude Date Magnly f2 driguez Date C) 2009-2007 Copyrigltl Camplianec Syy(ens, Lc. NU9C-9G2N - 2007.U 1.201 www.cumpGmweayaroms.com Con ~micr Red fislab - Sxwity I mhtm~il UL'_036 Page 7 ol'N H00-968-N522 - F'ax 616-956-1868 r/ofQ ~t~,, 1` ~o~rf 5511 INDIVIDUAL ACKNOWLEDGMENT R ~~.; 1~ ;; i`.5. STATE OF NEBRASKA ) COUNTY OF ADAMS ) The foregoing instnunent was acknowlrxlgcxl by Jesus Hernandez and Nlagaly Rodrigu -; la lore me.on December 12, 2007. [n wiUiess wherrx~l; 1 hcreunlo set my h<uul a d,.if applicable, myofli.• al •eal. My commissionex les• ENERALN0IARY,5tat8CN'~~- MICHELLE M. CALLAHAK My Comm. ~P. Aup.1B, 2008 (Official SGil) THIS INSTRUMENT PREPARED BY: TicrOne bank 1235 'N' St / YO Box 83009 Lincoln, NE 68501 Fi 2004.2007 Copyright Compliance Syetmn, hs;. NC9CJE2X - 2007.01.201 Connvnm Real Ertale - Swwiry 1 mtnumrt DL2036 AFTER RECORDING RETURN TO TicrOne Bank 1235 'N' St / YO Box 83009 Lincoln, NE C8501 www.compGvmeyslcm s.com Pagc NofR /J\~-.//' N00-96N-R522-Fan 616-956-Id6R ~i/ /~~~ j' _~ r~-tZ ~a~~