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HomeMy WebLinkAbout20075577~r S9~d7-99~ ,After Recording Return To: Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Bax 31557 MAC B6955-013 - Billings, MT 59107-9900 .'S A:S E. .•: ~: NUM:FGS~ -T:,,:. . ~'~= D.OC;TAX CK# {~ N '- ` CHG ACCI'# v . ~ ;?RF-T:FFFC. r4C41 n n n ru~u IIIII~IIIIIVnAIVIII!II ADAMS COUNTY, NE FILED- INST. NO.~.QQ1,5.5 "f ~ , Date la d -o Timed 0~ REGISTER OF DEEDS NUM ~l s >`~~Do` /~i/~aA~ ~1 y~ Sad RD. COMP ~( .Lf/ '~- ss COPJIPARE CADAS - AO ~ This instrument was prepazed by: - Wells Fargo Bank, N.A. JENNIFER SCOTT DOCUMENT PREPARATION 1 HOME CAMPUS, X2303-O1C _ - ' DES MOINES, IOWA 50328 `, 866-537-8489 (Name & Address of Prepazer) [Space Above This Line For Recording Data] Account number: 650-650-7705726-1XXX Reference number: 20073237400051 OPEN-END DEED OF TRUST - DEFINITIONS Words used in multiple sections of this document aze defined below and other words aze defined elsewhere in this _ document. Certain rules regazding the usage of words used in this document aze also provided in Section 14. - (A) "Security Instrument" means this document, which is dated NOVEMBER 29, 2007, together with all - Riders to this document. ' _ (B) "Borrower" is DAVID T. HEPNER AND CONNIE S. HEPNER, HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS, TENANTS IN COMMON. Borrower is the trustor under this Security Instrument. ~``'~ ~ `' ' ~ (C) "Lender" is Wells Fargo Bank, N.A.. Lender is a National Bank organized and existing under the laws of +i:=:~:' ~`' the United States of America. Lender's address 101 North Phillips Avenue, Sioua Falls, SD 57104. Lender is the ;:'j:, beneficiary under this Security Instrument. (D) ".Trustee" is Wells Fargo Financial National Bank. - (E) "Debt Instrument" means the loan agreement or other credit instrument signed by Borrower and dated. -- NOVEMBER 29, 2007. The Debt Instrument states that Borrower owes Lender, or may owe Lender, an amount that may vary from time to time up to a maximum principal sum outstanding at any one time of, EIGHTEEN THOUSAND NINE HUNDRED AND 00/100THS Dollars (U.S. $ 18,900.00) plus interest. Borrower has - ~:r. i;i^, .`h :.v t; i'~...:':. ,. r; ~,: NE - en-end Secure [nstr, HCWF#71v8 (5/4/0 ieia~~ioot'~e~i~io~iii®~ioo~i (page 1 of13 pages) Ibcumeats Processed 11-28-2007, 16:33:38 ,: . 0></~ ~'1r. .,:-.. , 200'755'77 promised to pay this debt in Periodic Payments and to pay the debt in full not later than December 29, 2032. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the xi; Property." ` (G) "Loan" means all amounts owed now or hereafter under the Debt Instrument, including without limitation principal, interest, any prepayment charges, late chazges and other fees and chazges due under the Debt Instrument:, and also all sums due under this Security Instrument, plus interest. ", (ITJ "Riders" means all Riders to this Security Instrument that aze executed by Borrower. The following Riders.:. are to be executed by Borrower [check box as applicable]: - Leasehold Rider /® Third Party Rider ®/ 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 and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial. opinions. (.17 "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other chazges that may be imposed on Borrower or the Property by a condominium association, homeowners association or similaz 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, awazd of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 4) far: (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. . (Ni7 "Periodic Payment" means the amounts as they become due for principal, interest and other chazges as: provided for in the Debt Instrument. (1V) "Successor in Interest of Borrower" means any party that has taken title to the Property,. whether or nob ~ ` thatpariy has assumed Borrower's obligations under the Debt Instrument and/orthis Security Instrument.. - TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all future advances, renewals, extensions and modifications of the Debt Instrument, including any future advances made at a time when no indebtedness is currently secured by this Security 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 County of ADAMS {Type of Recording jurisdiction] [Name oFRecording Jurisdiction] S :.: ,~ ~, :, which currently has the address of HASTINGS [City] 1406 WESTBROOK DRIVE [Street] Nebraska 68955 [Zip Code] 20Ot755'7""1 ("Property Address") 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. 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 Property against all claims and demands, subject to any'encumbrances of record: UNIFORM COVENANT'S. 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, and interest on, the debt evidenced by the Debt Instrument and any prepayment charges, late - charges and otfier 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 r ;; 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 aze insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments aze deemed received by Lender when received at the location designated in (or in accordance + s 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 aze insufficient to bring the Loan current. Lender may accept any payment or partial! .'. r '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 aze 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, chazges, fines, and impositions attributable to the Property which can attain priority over this Security Inshument, 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 toZender at application for the Loan or agrees in writing to the payment of the r -, 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. r which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings aze pending, but. ,. only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to - Lender subordinating the lien to this Security Instrument. If Lender detemunes 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. Lender may require Borrower to pay aone-time chazge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. ' IIIIII~IIIIIiIII~~lllll®8111111 `5/4/06) lpase 3 oj13 pages) Documents Processed I1-28-2007, 16:33:38 ,~ o-{{ J 3 :>v.:,;- ,. ,. 5 200755'7"~ 4. Property .Insurance. Borrower shall keep the improvements now existing or hereafter erected oii .,' the Property insured against loss by fire, hazards 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 carrier 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 Agency in connection with the review of any flood zone determination resulting from an obj ection 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, hazazd 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 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. k All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right tq . disapprove such policies, shall include a standazd mortgage clause, and shall name Lender as mortgagee and/or as an s 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. i 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 Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken _ promptly. Lender may disburse proceeds for the repairs and restoration 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 s :'_ ; 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 notice is 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 IAIIII~III9101II~IIIIIIB1111111 `5/4/06, (page 4 of13 pages). Documenu Processed 11-28-2007, 16:33:38 c: '; , 0~.~ :~; {; - ~~, ~. J ;`` ~. . ~.' --i33'' !.:; ,.. ~, 200'755:'7"1 any:refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as ' such rights are 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 aze 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 Borower''s principal residence for at least one yeaz 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,~Bonower shall promptly repair the Property if damaged to . avoid further deterioration or damage. If insurance or condemnation proceeds aze paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Properly 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 aze not sufficient to repair or restore the Property, 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 Properly 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 alien 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 aze 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 Borower 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. NE- en-end Securi Instr, HCWF#71v8 (5/4/0 I I I I~111111111~111111 ~ 1111111 (page 5 of 13 pages) Documents Processed 11-28-2007, 16:33:38 i 507' ~,~ 47 t fib. t r~;: 6; , :` - t:: ;':., ~, 200'755'7" 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 aze 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,i"s 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 L'ender'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 aze 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 by 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 immediatel before the artial takin d tru t' 1 •.:::;' `' , '. _,;_i, ,; .. ,.'; ., . '-ti.;;r. Y p g, es c non, or oss m value. Sub3ect to the nghts 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 are 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 Parly. , (as defined in the next sentence) offers to make an awazd 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 Part}' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regazd to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in. 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 any awazd or claim for damages that are attributable to the impairment of Lender's interest in the Property aze hereby assigned and shall be paid to Lender. NE- en-end5ecuri Instr HCWF#71v8(5/4/0~ ieni~ui~~s~o~~~avi~e®~ioeui (Page 6 of 13 pages) Documents Processed 11-28-2007, 16:33:38 ,, 6 ofd ;r~: F ~i r.. 200'755;'7"1. All Miscellaneous Proceeds that aze not applied to restoration or repai`r' 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..' aze 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, without limitation, 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 regard 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 . Boaower'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 regazd to any other fees, the absence of express authority in this Security Instrument to chazge 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 chazges, and that law is fmally 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 chazge to the permitted` limit; and (b) any sums already 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 charge 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 overcharge. 13. Notices. Unless otherwise described in the Debt Instrument or in another agreement between Borrower and Lender, the following provisions, regarding 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 given by delivering it or by mailing it by first 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 NE- en-end Securi Instr HCWF#71v8 (5/4/06) Illlll~lllllllpl~llllll®1111111 (page 7 of 13 pages) Documents Processed 11-28-2007, 16:33:38 ~ofl3 200'755'7"'1' __{ 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 jurisdiction in which the ::'::i~~,;;;: :,;'" Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements :~°;`:.:. = and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by _. - . , , • contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract: °,.,.._= ~ ; . In the event that any provision or clause of this Security Instrument or the Debt Instrument conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Debt Instrument which can be given effect without the conflicting provision. As used in this Security Instrument: (a) 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 ob]igation to take.any action; and (d) headings that appear 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; , .. r ~ ' ` "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those t : , f .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 may require immediate payment in full of all sums secured by this Security Instrument. 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. 3 r J . 1 5, ~ ;: 17. Sale of Debt Instrument• Chan a of Loan Servicer• Notice of Grievance. The Debt g 'J' _ Instrument or a partial interest in the Debt Instrument (together with.this Security Instrument) can be sold one or: f ~ 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;. r >_ , '~~~';-c;:::: •:-'-' There also might be one or more changes of the Loan Servicer unrelated to a sale of the Debt Instrument. If there is "t ~ • '' _ 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 aze 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 ,;,.,°'.i'., ,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 _ ' t . 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 this pazagraph. The notice of acceleration and opportunity to cure given to Borrower pursuant 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 (Page 8 of l3 pages) Documents Processed 11-28-2007, 16:33:38 i, ~ofl3 r~i~. /.+o~r1551.r1. st -` ;arbitrate disputes, the provisions of any such azbitration agreement shall supersede any provision in this Section 1T ~' + ;' that would conflict with the azbitration agreement. 18. Hazardous Substances. As used in this Section 18: (a) "Hazardous Substances" aze those .: substances defined as toxic or hazazdous substances, pollutants, or wastes by Environmental Law and the following ` substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides; s volatile solvents, materials containing asbestos or formaldehyde, mold, and radioactive materials; (b) :r;i''.' "' `' "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to c-!-::. - ~_;~~:~ :--.=ri. .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 Hazazdous 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, hazazdous 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 Hazazdous Substance or Environmental Law of which Borrower has actual lmowledge, (b) any Environmental Condition, ~t `~ r°' includin buYnot limited to an s illin leakin dischaz a release or threat of release of an Hazazdous Substance ~' g Y P g, g, g, Y a and (c) any condition caused by the presence, use or release of a Hazazdous 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 v herein shall create any obligation on Lender for an Environmental Cleanup. ' ~ 19. Assignment of Leases and Rents. Borrower irrevocably grants, conveys, sells and assigns 40 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 r,~ ~K ~- .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"). a Borrower will promptly provide Lender with true and correct copies of all existing and future Leases. ;;~,,;r;a;~i: "-._ „Borrower may collect, receive, enjoy and use the Rents so long as Borrower is not in default under the terms of this Security Instrument. Borrower 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 charges 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 aze not sufficient to cover the costs of taking control of ` '~~ . 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. (page 9 of 13 pages) Documents Processed 11.28-2007, 16:33:38 9 of l3 ,, ,.., 200'755"1"1 -• = ' Borrowei 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" aze the: (i) Declaration or any other document which creates the Condominium = Project or PUD and any condominium association, homeowners association or equivalent entity ("Community :: . :~i"' :~':~.: Association")• (ii) any by-laws or other rules or regulations of the Community Association• and (iii) other equivalent r, 4F~M~ t,~ ~ - _' ~: i, F ::~:~- ;~~:: azi. - . 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 pazcels and certain common azeas and facilities, as described in the Constituent Documents, ahd Borrower's interest iri the Commuiuty Association and the uses, benefits and proceeds of Borrower's interest. C. Properly 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; hazards 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 Property 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 aze 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 awazd 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 of the 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 Project or 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 when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph G shall become additional debt 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: I~~III^1~~"~'~'~~1""~~'~IQI (5/4/06) (Page 10 of /3 pages) Documents Processed 11-28-2007, 16:33:38 j. /0 0></3 :-::;:. - ~ 200'755'7"l. ~~ • 21. Acceleration; Remedies. Borrower will be in default if (1) any payment required by the Debt _ _q,: -'' _ ~ Instrument or this Security Instrument is not made when it is due; (2) Lender discovers that Borrower or any ' . ra,r,,,,,.;:_ ,;-~~.- co-applicant. has committed fraud or made a material misrepresentation in connection with the Loan; (3) L '^ ~ Borrower takes any action or fails to take any action that adversely affects Lender's rights under this ' Security Instrument, any of Lender's other security for the Debt Instrument, or any right Lender has in the .;a .., ;;.; Property; or (4) Borrower is an executive officer of Lender and federal law permits or requires immediate..:,. payment of the Loan. If a default occurs (other than under Section 16 or under subsection (4) of this Section 21, unless Applicable Law provides otherwise), Lender will give Borrower notice specifying: (a) the default; (b) the action required to cure the default; (c) a date, nat 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 ,a F,., 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 .. s. _r`r._~'. _ .,~,:•. ~ 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 " r t 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 and termination'of . { ,, line of credit created by the Debt Instrument, Lender shall request Trustee to reconvey the Property and shall ~'_~=~ -~ • ~ surrender this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty.. Borrower shall „-` _`,' , pay any recordation costs. Lender may chazge 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 chazging 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 aninstrument 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. " ` BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. - IIIIII~IIIIIIIII~IIIIIIIIIIIIII`5/4/06) (page,lofl3pages) -. Documents Processed 11-28-2007; 16:33:38 ~. ' .::.. /1 of /3 ±17:: y; sF~;= ;:. Borrower x ~- x ~~ ] .. ;;it;F; ~~~;' "`--' +i, Borrower Borrower ew~ n .~~ ,. ' ~, e ~ ~ ; Borrower ~w4,?E ,. '' . /' triF! ... - i4 ~ '` t', '' ~ :i ' ..... n . ~, „ NE`- en-end Securi Instr HCWF#71v8 (5/4/06) i~i~~~ioi~i~~~t~ieiiii®~~uiu i ~~; ~~ , (page 12 of 13 pages) . . Documeau Processed 11-28-2007, 16:33:38 - i' . /~ of /3 GENERAL NOTARY • Slate of Nebraska ~ ~ / ` ~ KELLY. N. GREFE /~/h ~ , /L/-G~ ' '' "' My Comm. Exp. Sept.13, 2009 (Si~na fore ~ Person T g Acknowledgment) r y'~~ F~ ) urr1P- , Pv l~ ~, C ~~ pry ; r ~, <1;7 ?' Y . (Title or Rank) ,;:: . :, ;,. .. t (Serial Number if any) ,,; _- My Commission expires: s_4PT !3~ Zoo9 , ~. t,::. l~b~~y N• iaRtF~ s ~ (Print Name of Person taking acknowledgment) _. 3.,_ . ~._,_, ~. - ; - .~. '~~#~ _ ,: i. '~t;- ~'' "4 .:' r. ~ 'i.F;'". ~. .. (5/4/06) '1'I ~"~1"~'~~1'~1'~'e'~ (page 13 of 13 pages) '' ."- ~• I^ u' Documents Processed 11-28-2007, 16:33:38 ~;.a~, /,3 ~f 1,3 r ~ r, ;_t;'.