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HomeMy WebLinkAbout20075602NUId PGS.~_ DOC TAX CK# -- FEES 5.50 pD~QCK#~Q IS~. r ~`tl) CHG ACCT # RETFEES:_CASH_ R.O.O.CK#__ REC'D~ - t RETURN Cfhft~2iLlalJe.t~I1A.~,twJdA.~ ~16~, ~ gee. addce_~ befaW m~~~~u~am~~ NUM ~ RD. COMP ~ ~ /a-1a- COMPARE CADAS . AO ISpace Above This Line For Recording Data) ADAMS COUNTY, NE FILED INST. NO~.Q„Q," 0 2 Date l~ ~4-c,~ Time, 1~n-- TER OF DEED$ ,,. DEED OF TRUST MIN: 100416700004473691 DEFINITION S Words used in multiple sections ofthis document are def ned below and other words are defined in Sections 3, 11, l3, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated December 11th 2007 ,together with a(I Riders to this document. (B) "Borrower" is Mark E Stephenson and Kristi L Stephenson,"husband and wife Borroweris the trustor under this Security Instrument. " (C) "Lender" is CharterWest National Bank .Lender is a Corporation organized and existing under the laws of the State of Nebraska Lender's address is 710 N Diers Avenue Suite M Grand Island NE 68803 (D) "Trustee" isCharterWest National Bank 201 South Main Street West Point, NE 68788 (E) "M EI2S" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and exis(ing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated December 11th 2007 .The Note states that Borrower owes Lender One Hundred Thirty Eight Thousand Seven Hundred and 00/100 Dollars (U.S. $138,700.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than _ January 1, 2038 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment.charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider ^ Balloon Rider ^ ^ Other(s) [specify] _ ^ I-4 Family Rider ^ Planned Unit Development Rider Biweekly Payment Rider (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments ando(herchazgesthatare Imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated bycheck, draft, or similar 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 teen includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, trahsfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds"means any compensation,settlement,awardofdamages, or proceeds paidbyanythirdparty (other than insurance proceeds paid under the coverages described in Section 5) 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 ofthe Property. (O) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under theNote, plus (ii) any amounts under Section 3 ofthis Security Instrument. NEURASKA--Single family--Fannie Mae/Freddie D1ac UNIFORM INSTRUMENT (MERS) Form 3028 1/01 (page 1 of8 pages) R439.CV (I 1/07) 901547 Crentive Thinking, Inc. GOTO(0006e109) y~~ Return 7'0: 9r CharterWest National Bank 710 N Diers Avenue Suite M Grand Island, NE G8803 ~ ot~ °~ ~QQ'75602 (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that partyhas assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY . The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note;.and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. 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 of Recording Jurisdiction] All of Lot Twenty-Two (22) except the Westerly five (5) feet in width thereof; in Powers Addition to the City of Hastings, Adams County, Nebraska, according to the recorded plat thereof which currentlyhas the address of1401 Pershing Rd [Street] Hastings , Nebraska68901 ("Property Address"): [City] [Zip Code] 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 to this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this SecurityInstrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action requrred of Lender including, but not limited to, releasing and canceling this Security Instrument. 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. Boriower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. • THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and anyprepaymenfcharges and late charges due uhder the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other ins[mment received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by 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 the Note or at such other location as maybe designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insuffictent to bring the Loan current. Lender mayaccept NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 12439.CV (I I/07) 901547 (MERS) Form 3028 1/Ol (page 2 oj8 pages) Creative Thinking, Inc. GOTO(0006e109) ®f 9 \\.~ ~#' ~oo~5so2 anypayment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply sucfi payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Bottower makes payment to bring the Loan curent. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Bortower. If not applied earlier; such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borcower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment m the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instmment, and themto reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied'to the delinquent payment and [he late chazge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of [he Periodic Payments if, and to the extent that, each payment can be paid in full. To the extentthat any excess extsts after the payment is applied to the full payment of one or more Periodic Payments, such excess maybe applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the No[e. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrowltems. BottowershallpaytoLenderonthedayPeriodicPaymentsazedueundertheNote, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required byy Lenderunder Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borcower to Lender in lieu ofthe payment ofMortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts [o be paid under this Section. Borcower shall pay bender [he Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Bortower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writingg. In the event of such waiver, Borrower shall ppay directly, when and where payable, the amounts due for any Escrow Items forwhich payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security InsWment, as the phrase "covenant and agreement" is used in Section 9. If Borcower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Bottower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Bottower shall pay to Lender all Furids, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Furids due on the basis of current data and reasonable estimates ofexpenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Bottower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Bottower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borcower shall payto Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by [his Security Instrument, Lender shall promptlyrefitnd to Borrower any Funds held by Lender. 4. Charges; Liens. Bottower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Ins[mment, leasehold payments or ground rents on the Property, if any, and Community Association Dues; Fees, and Assessments, if any. To the extent that these items aze Escrow Items, Borrower shall pay them in the manner provided in`Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Bottower: (a) agrees in writing to the payment of the obh anon secured by the lien in a manner acceptable to Lender, but only so long as Bottower 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 [o prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactotyto Lender subordinating [he lien to this Security Instrnment If Lender determines that any part of the Property is subject [o a lien which can attain priority over this Security Instrument, Lender ma give Borrower a notice identifying"the lien. Within 10 days of [he date on whit that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. 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. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on 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 eriods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term ofpthe 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. Leader may require Bottower 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 charge far flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such NERRASICA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MFRS) Farm 3028 (/01 (page 3 oj8 pages) 12439.CV (11/07) 901547 Creative Thinking, inc. GOTO(0006e109) ~~f 9 .. ~~. - 2oo~r~so2 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 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 particular 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 signifcantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lenderunder this Sections shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at [he No[e rate 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. Lender shall have [he right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borcower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. [n the event of loss, Borrower shall give prompt nonce to the insurance carcier and Lender. Lendermaymake proof of loss if not made promptly by Borcower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underl}nng 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 competed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration m a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Appltcable 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 Instmment, whether or not then due, with the excess, if any, paid to Borcower. 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 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Nate or this Security Instmment, 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 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 Note or this Security Instrument, whether or not then due. ' 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. 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 [o prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptlyrepair 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 suffictent 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 tnterior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borcower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at [he 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 aze not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in [his Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instnunent (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a 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) payln~ reasonable attorneys' fees.to protect itsinterest m 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 board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities fumed on or off. Although Lender may take action under this Section 9, 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 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borcower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borcower requesting payment. If this Security Instrument is on a leasehold, Borrower shall complywi[h all the provisions ofthe lease. IfBotrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay [he premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage requved by Lender ceases to be available from the mortgage insurer that previously provided such NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MFRS) ~ Form 3028 1/01 (page 4 of8 pages) 12439.CV (11/07) 901547 Creative Thinking, Inc. GOTO(OOObe 109) /.f.-ofG -= 2Q0'75602 insurance and Borrower was required to make separately designated payments towazd the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Bottower shall continue to pay to Lender the amount of the separately designated payments thatwere due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimatelypaid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance covesge (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition ofntaking the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to.maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender, providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Bottower's obligation to pay interest at the rate provided in the Note.. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a arty to the Mortgage Insurance. Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties [hat share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or.parties) to these agreements. These agreements may require the mortgage insurer [o make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the note, another insurer, any reinsurer, any other entity, or affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provided that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower Iran agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower Iras - if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. IL Assignment of Miscellaneous Proceeds;Forfeiture. All Miscellaneous Proceedsazeherebyassignedtoand shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied [o restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security es not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunety 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 es 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. If the restoration or repair is not economically feasible or Lender's securitywould 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. 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 market 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 en 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 immediatelybefore [he partial taking, destmction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower In the event of a partial taking, destruction, or lass in value of the Property in which the fair market value of the Property immediatelyy before the partial taking, destmction, or loss in value is less than the amount of the sums secured . immediately before t13e 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. 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 [o restoration or repair of the Property or to the sums secured by this Security [nstniment, whether or not then due. "Opposing Par[}' means the third party [hat 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, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Propertyor rights under this Security Instrument. Borrower can cure such a default and, tf acceleration has occurred, reinstate as provided m Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's jud~rreent, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this SecuntyInstnunent. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby 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. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of [he 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 ofanydemand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising anyright 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 [hen due, shall not be a waiver of or preclude the exercise of any right or remedy. NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MFRS) Form 3028 1/01 (page 5 oJ8 pages) 12439.CV (l1/07) 901547 Creative Thinking, Inc. GOTO(0006eI09) So f ~~. ~~ ~ 200'75602 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower wlio co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co=signer's interest in the Property under the terms of this Security Instrument-, (b) is not personal yobligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or theNote without the co- signer's consent. , Subject to the provisions of Section 18, any Successor in Interest ofBorrower who assumes Borcower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of$orrower's rights and benefits under this Security Instrument. Bortower 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 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge 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 noY 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 Loomis subject [o 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 charge shat l be reduced by the amount necessary to reduce the chazge to the permitted limit; and{li) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender maychoose to make this refund by reducing the Principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge Is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower well constitute a waiver of any right of action Borrower might have arising out of such overchazge. 15. Notices. All notices given by Borrower or Lender in connection with [his Security Instrument must be in writing. Any notice to Borcower 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 [o any one Borrower shall constitute notice to all Borcowers 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 under this Security Instrument 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 anotheraddress 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. 16. Governing Law; Severability; Rules of Constrtiction. This Security Instrument shall be governed by federal law and the law of the Iurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations ofApplicable Law. Applicable Law might explicitlyor 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 Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in [his 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 singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" 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 Borcower 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 exerciseslthis 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 15 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. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of ajudgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attomeys' fees, properly inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured~by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more bf the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, barilc check, treasurer's check or cashier's check, provided any such check is ddrawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured herebyshall remain fullyeffective as ifno acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument can be sold one or more times without prior notice to Borrower. A sale might result m a change in the entity (known as the `Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If [here is a change of the Loan Servicer, Borrower will be given wntten notice of the change which will state the name and address of the new NEBRASKA--Single Family--Fam~ie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 1/Ol (page 6 oj8 pages) 12439.CV (11/07) 901547 Creative Thinking, Inc. GOiO(0006e109) (pof9 ~_: 200'7.5602 Loan Servicer, the address to which payments should be made and any other information RESPA requires in connecfion with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the No[e, 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 Note purchaser unless otherwise provided by the Note purchaser. Neither Borcower nor Lender may-commence, join, or be joined to anyjudicial 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 incompliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corcective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borcower pursuant to Section 22 and the notice of acceleration given to Borcower pursuant to,Section 18 shall be deemed to satisfy [he notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by 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, 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 envirorimental 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 anyHazardous Substances, or threaten to release any Hazardous 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 Envrronmental 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 [o [he presence, use, or storage on the Property of small quantities of Hazardous Substances that are general ly recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borcower 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 ofwhich Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Iazardous Substance, and (c) any condition caused bythe presence, use or release of a Hazardous Substance which adversely affects the value of the Property. IfBorrower teams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenantor agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise), The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less 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 rite date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is.not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrumetrt without further demand and may invoke the power of sale and any outer remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. Iftlte power of sale is invoked, Trustee shall record a notice of default in each county in which any part o[ rite Property is located and shall mail copies of such notice in the manner prescribed by Applicable Lawto Borrower and to ttte 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 rite 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 rite proceeds of the sale in the following order: (a) to all costs and expenses of exercising rite power of sale, and the sale, including the payment of fife 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 fife person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall requestTiustee to re-convey 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 to the person or persons legally entitled to d. Such person or persons shall pay any recordation costs. Lender may charge such person or persons 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. 24. 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 Ins[rnment is recorded. Without conveyance of the Property, the successor trnstee shall succeed to all the title, power and duties conferced upon Tmstee herein and by Applicable Law. 25. Request for Notices. Borrower requests that copies of [he notice of default acid sale be sent to Borrower's address which is the Property Address. NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM 1NSTRUMEN7' (MFRS) Form 3028 1/Ol (page 7 oj8 pages) 124]9.CV (11/07) 901547 Creative Thinking, Inc. GOTO /`06e109) l ~of9 (,~; 20075602 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. Witnesses: ~~ (Seal) Borrower Mark E Stephenson ~~ / , Borrowe Kristi L tephe on (Seal) borrower Space Below This Line For Acknowledgment. STATE OF Nebraska COUNTY OF Cherry ~, ss: (Seal) I, Roberta L. Reed , a Notary Public in and for said county and state, do hereby certify that Mark E Stephenson a married person personally appeared before me and is (are) known to me to be the person(s) who, being informed of the contents of the foregoing instrument, have executed same, and acknowledged said instrument to be his ,free and voluntary act (his, her, their) and deed that he executed said instrument for the purposes and uses therein set forth. (he,she,they) Witness my hand and official seal this 11th day of December 2007 My Commission Expires: 07/30/2010 ~ 6ENEItAL NOTARY - State of Nebraska ~~' RODER"fA L. REED ~_!~ G .` A1y Cnmm. Exp, July 30, 'LO10 This instrument was prepared by: ~` (Seal) be a L. Reed '~~;, NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 12439.CV (11/O7) 901547 (MFRS) Form 3028 '1/Ol (page 8 oj8 pages) Creative Thinking, Inc. GOTO(OOOGe109) ~oF 9 ti i t. 20075602 STA'CE OF Nebraska ss: COUNTY OF Cherry ) I, ~.~ IA~iC~.11 ~~~' , a Notary Public in and for said county and state, do hereby certify that Kristi L Stephenson, a married person personally appeared before me and is (are) known to me to be the person(s) who, being informed of the contents of the foregoing instrument, have executed same, and acknowledged said instrument to beher , free,and voluntary act (his, her, their) % and deed that she executed said instrument for the purposes and uses therein set forth. (he, she, they) Witness my hand and official seal this 10th day of December , 2007 My Commission Expires: /~~%~"'~~ ~__ (\ -~ -~\"7 ~ (Seal) GENERAL NOTARY - State of Nebraska ~ @ SUSAN BEEL 'tJ My Camm. Exp. Dec. 31, 2010 This instrument was prepared by: 17748.CV (5/05) 901547 gdFC/ 1~, ~°r.. GOTO(0006e10a)