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HomeMy WebLinkAbout20080225NUM PGS~ DOC TAX CK#____~. FEES ~?,~.,~ PD ~ • so CK#.~L~`L. , CHC ~ ACCT#~` RET REES:_.. GASH R.QQ CK#..r.. /hREC'D .~~C~Qt2.._ RETURN ' DEFINITIONS ~VI~I~YUIiNYlli~l~~~~l NUM _ ~O~l/~Soizs ~~~ RD. COMP X ~f /,.,~~5 COMPARE ~ ~ CADAS i AO ~ _,., [Space Above This Line For Recording Data] DEED OF TRUST ADAMS COUNTY, NE FIL Q uusT.ruo. 2080225 ----- Date ~~ Time~~~ S~iN~u~t+e~ ~' ~~~ Y REGISTER OF DEEDS Words used iu multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used iu this documieut are also provided in Section 16. (A) "Security Instrument" means this docwmeut, which is dated ........................ P?: Q8; X00$ , , , , , , , , , , , , , , , , , , , • • . • . • , , , , , together with all Riders to this documment. (B) "Borrower" is ~44R~A.Jr ~HE~N ¢.NP.J~ss.~ w, GR~~N S9,. HUS~A~P.?.N4.WIE~ ..................... ................................................. ......................................................................................................................................................... . Borrower is the trustor under this Security Instrument. (C) "Lender" is BANK OF DOIVIPhAIV ............................. .................... .............. ...................................................... Leader is a .GOR?QRATl4N.., organized and existing under the laws of .THE $TAT,~ PE (~~9RASKA .........................................Lender's address is . P. P.@AX.2?4. AQNIPHAN,.N~. 68$32:424...... .......................................................................................................................................................... . Lender is the beneficiary under this Security h>strwnent. (D) "Trustee" is BANK OF ~ONIPHAN, 800,NORTH,BURLINGTON, HASTINGS, NE, 68901 . • • • •.. (E) "Note" means the promissory note signed by Borrower and dated 01; 08.20Q$, , , , , , , , , , , , , , , , , , , , , , , , , , • ... • , , ..... • , , .... • • • , • . , ,The Note states that Borrower owes Leader FART1'.SIX.TN.QUSANP.TH9EF.NUNPA60.TEI~AND.9611PA ................................................... ••••••••••••••••••••••.•.•.•..• ................... Dollars (U.S. $ 4$.310;96,,,,,,,,,,,,,,,,,,,,,,,,) plus interest. Borrower has promised to pay this debt iu regular Periodic Payments and to pay the debt in full not later than .....................0.1:1,5.•2013..................... ........................................................................................................................................................ . (F) "Property" means the property that is described below under the heading "Transfer of Rights iu the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Iustrtuneut, plus interest. (13) "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 ^ Planned Unit Development Rider ^ Other(s) [specify] ....................... ^ 1-4 Family Rider ^ Biweekly Payment Rider (I) "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. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges, that are unposed ou Borrower or the Property by a condominium association, homeowners association or shnilar organization. (K) "Electronic Funds Transfer" uieaus any transfer of funds, other than a transaction originated by check, draft, or sunilar paper iustrutneut, which is initiated through au electronic terminal, telephonic iustrurneut, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit au account. Such tern 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) "Escrow Items" means those items that are described iu Section 3. (M) "Miscellaneous Proceeds" means any conlpeusatiou, settlement, award of damages, or proceeds paid by apy third party (other than insurance proceeds paid under the coverages described iu 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 iu lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled au>,ouut due for (i) principal and interest under the Note, plus (ii) any. amounts under Section 3 of this Security Iustru>nent. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its unplementiug regulation, Regulation X (24 C.F.R. Part 3500), as they might be atneuded from time to tame, or any additional or successor legislation or regulation that governs the same subject matter. As used iu this Security Instrument, "RESPA" refers to all requirements and restrictions that arc unposed iu regard to a "federally related mortgage loan" even if the Loau does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" mieaus any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Iustrumieut. NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 ref: 112001 (]Xlge 1 of 7 pages) 1111191 / ~~ TRANSFER OF RIGHTS IN THE PROPERTY ~ ~ ~ 8 ~ 2 This Security Instrument secures to Lender: (i) the repayment of the Loau, and all renewals, extensions and modifications of the Note; and (ii) the perfonnauce of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, iu trust, with power of sale, the following described property located iu the .....................................................ADAMS COUNTY........ ............................................... of (Type of Recording Jurisdiction] . R~GI.ST6R D.F P.6645 ........:.................................... . ...........................: [Name of Recording Jurisdiction] ALL OF LOT EIGHT IS-, EXCEPT THE WEST THREE IW 3) FEET THEREOF, BLOCK SIX (6), JOHNSON'S AOOITION TO THE CITY OF HASTINGS, AOAMS COUNTY, NEBRASKA, ACCORDING TO THE RECOROEO PLAT THEREOF which currently has the address of ......................... ............... ...... 31E,WEST,5TH„.,,,,,,,,,,,,,,,.,.,. [Street] ............................HASTINGS................. ......, Nebraska ................ (.,p P Y Address") ...... ..613801 ..................... ro ert • [City] [Zip Code] TOGETHER WITH all the unprovemeuts now or hereafter erected ou the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Iustrwneut. All of the foregoing is referred to to this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for eucwnbrauces of record. Borrower 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 luuited variations by jurisdiction to constitute a uuifonn security instrutneut covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrwnent shall be made iu U.S. currency. However, if any check or other instrument received by Leader as payment under the Note or this Security Iustrwneut is returned to Lender unpaid, Leader may require that any or all subsequent payments due under the Note and this Security Iustrwneut be made iu one or more of the following forms, as selected by Leader: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon au institution whose deposits are insured by a federal agency, instrwneutality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated iu the Note or at such other location as utay be designated by Leader iu accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or preJudice to its rtghts to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the tune such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest ou uttapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note ninnediately prior to foreclosure. No offset or clahn which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Iustrwneut or perfonniug the covenants and agreements secured by this Security Iustrwneut. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied itt the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) atnounts due under Section 3. Such payments shall be applied to each Periodic Payment iu 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 Iustrwneut, and then to 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 the late charge. If more thau`one Periodic Payment is outstanding, Leader may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid iu full. To the extent that any excess exists after the paynieut is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described iu the Note. Auy 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 Escrow Items. Borrower shall pay to Leader ou the day Periodic Payments are due under the Note, until the Note is paid iu 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 Iustrwneut as a lien or encumbrance ou the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiwns, if any, or any sums payable by Borrower to Lender iu lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the teen of the Loau, Lender may require that Couunuuity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be au Escrow Item. Borrower shall promptly furnish to Leader all notices of atnouuts to be paid under this Section. Borrower shall pay Leader the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds fore any or• all Escrow Items. Lender may waive Borrower's obligation to ~ay,to, Leader Funds for anY or all Escrow Items at any tune. Any such waiver may only be iu,writing. In the event of such watver, Borrower shall"pay~iitre~tly, when and where payable, the antouuts`due for any Escrow-Items for which payment of ;; ~;,F,unds-has°°been"•waived-by-Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within ~,. su~~r,liti~„period., as Lender mad require. Borrower's obligation to°make such payments and to pfovide receipts. shall for all ~' 'purposes be deemed to"`6e"a"'covenant and a~reemeut contained iu this Security Iustrwneut, as the phrase "covenant and },,., ;..agr~emeut" • is-used~~tn,~~Sc~tifltr-9~:• If Borrower is obligated to pay Escrow Items directly, pu~suauC'CtS"A"'~Vait~er, and"Borrower NEBRASKA-Single' Family-FanniepMaelFreddie Mac UNIFORM INSTRUMENT r r • .. ..,...,..,..... ~~'• Bankers Systems, Inc , St. Cloud, MN~ Form MD 1-NE 8/17/2000 ..,Fotm.3028 1 /01 tr„ - ~r,~1 (page 2 of 7 pngesJ t aZ rf 7 20080225 fails to pay the amount due for au Escrow Item, Lender may exercise its rights under Section 9 and pay such atnouut and Borrower shall then be obligated under Section 9 to repay to Leader any such atnouut. Lender may revoke the waiver as to any or all Escrow Iteuts at any tune by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, attd iu such atnouuts, that are tlteu required under this Section 3. Lender may, at any tone, collect and hold Funds in au atnouut (a) sufficient to permit Lender to apply the Funds at the three specified under RESPA, and (b)~ not to exceed the maxintunt atmouut a leader can require under RESPA. Leader shall estnnate the amount of Funds due oa the basis of current data and reasonable estnnates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Punds shall be held is au institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is au institution whose deposits are so insured) or iu any Federal Home Loau Bauk. Lender shall apply the Futtds to pay the Escrow Items uo Later than the three specified under IZESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to stake such a charge. Unless au agreement is made iu writing or Applicable Law requires interest to be paid ou the Funds, Leader shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree iu writing, however, that interest shat( be paid ou the Funds. Leader shall give to Borrower, without charge, au annual accounting of the Funds as required by RESPA. If there is a sur~tlus of Funds held itt 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 is escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage iu accordance with RESPA, but in no store than 12 monthly- payments. If there is a deficiency of Funds held iu escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to makeup the deficiency iu accordance with RF,SPA, but in uo more than 12 monthly payments. Upon payment iu full of all sutras secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Leader. 4. Charges; Liens. Borrower shall pay all taxes, assessttteuts, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents ou the Property, if any, and Couunuuity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lieu which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lieu in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien iu good faith by, or defends against enforcement of the lieu iu, legal proceedings which is Leader's opinion operate to prevent the enforcement of the lieu while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lieu au agreement satisfactory to Lender subordinating the lieu to this Security Instrutneut. If Lender detenniues that any part of, the Property is subject to a lieu which can attain priority over this Security Ittstrumieut, Lender tttay give Borrower a notice identifying the lien. Within 10 days of the date ou which that notice is given, Borrower shall satisfy the lieu or take one or utore of the actions set forth above iu this Section 4. Lender Wray require Borrower to pay a one-three charge for a real estate tax verification and/or reporting service used by Lender iu connection with this Loan. 5. Property Insurance. Borrower shall keep the itttprovemteuts now existing or hereafter erected ott the Property insured against loss by fire, hazards included within the tenor "extended coverage," and any other hazards including, but not limited to, earthquakes and floods; for which Lender requires insurance. This iusurauce shall be ntaiutaiued iu the amounts (iucludiug deductible levels) attd for the periods that Leader requires. What Lender requires pursuant to the preceding sentences can change during the tens of the Loau. The insurance carrier providing the iusurauce shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Leader tnay require Borrower to pay, in connection with this Loan, either: (a) a one-tune charge for flood zone deteruiiuatiou, certification and tracking services; or (b) a one-tune charge for flood zone deterniitatiou and certification services and subsequent charges each three rentappings or snuilar .changes occur which reasonably might affect such detenniuatiou or certification. Borrower shall also be responsible for the paynteut of any fees imposed by the Federal Emergency Management Agency is cottnectioa with the review of any flood zone detenniuatiou resulting from an objection by Borrower. If Borrower fails to tttaitttain any of the coverages described above, Lender tttay obtain insurance coverage, at Lender's option attd Borrower's expense. Leader is under uo obligation to purchase any particular type or atttouut of coverage. Therefore, such coverage shall cover Lender, but might or Wright not protect Borrower, Borrower's equity iu the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Leader under this Section 5 shall become additional debt of Borrower secured by this Security Iustruinent. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice front Leader to Borrower requesting payment. All ittsurattce policies required by Leader and renewals of such policies shall be subject to Leader's right to disapprove such policies, shall include a standard tmortgage clause, and shall saute Lender as mortgagee attd/or as as additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Leader requires, Borrower shall promptly give to Leader all receipts of paid premimns and renewal notices. If Borrower obtains nay fors 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. Iu the event of loss, Borrower shall give prompt notice to the iusurauce carrier and Leader. Lender may make proof of loss if trot made promptly by Borrower. Unless Leader and Borrower otherwise agree iu writing, any insurance proceeds, whether or trot the underlying iusurauce was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is econoittically 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 iu a single payment or iu a series of progress payments as the work is completed. Unless an agreement is made iu writing or Applicable Law requires interest to be paid ou such insurance proceeds, Leader shall trot be required to pay Borrower any interest or earnings oa such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall trot be paid out of the iusurauce 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. 5uclt iusurauce proceeds shall be applied iu the order provided for iu Section 2. If Borrower abandons the Property, Lender Wray file, negotiate and settle nay available iusurauce claim and related matters. If Borrower does not respond witltitt 30 days to a notice front Leader that the insurance carrier has offered to settle a claim, then Leader may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Leader acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Leader (a) Borrower's rights to any insurance proceeds in an amount not to exceed the uuouuts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned prentiunts paid by Borrower) under all iusurauce policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Leader tray 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 Instrmnent and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Leader otherwise agrees in writing, which consent shall not be uttreasoaably withheld, or unless extenuating circutttstauces exist which are beyond Borrower's control. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT .Form 3028 1101 Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (page 3 of 7pzges) q ~ , 3oy7 ~ooso~~5 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or corlumit waste ou the Property. Whether or not Borrower rs residing iu the Property, Borrower shall maintaiu the Property iu order to prevent the Property from deteriorating or decreasing in value due to tts couditiou. Utiless it is deterrliued pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid iu connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property orily if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration iu a single payment or iu a series of progress payments as the work is completed. If the iusurauce or coudeutnatiou proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Leader or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Leader may inspect the interior of the nnprovemeuts ou the Property. Lender shall give Borrower notice at the tune of or prior to such au interior inspection specifying such reasonable cause. 8. 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 iufornatiou or statements to Leader (or failed to provide Lender with material iufornatiou) iu connection with the Loan. Material representations include, but are not lmmited 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 coverrauts and agreements contained iu this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Iusttwneut (such as a proceeding in bankruptcy, probate, for coudemutatiou 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 Leader may do and pay for whatever is reasonable or appropriate to protect Lender's interest iu the Property and rights under this Security Iustrutrrent, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Leader's actions can include, but are not limited to: (a) paying any stuns secured by a lien which has priority over this Security Iustrumeut; (b) appearing iu court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrtuneut, including its secured position iu a bankruptcy proceeding. Securing the Property includes, but is not !united to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned ou or off. Although Lender may take action under 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 Leader incurs uo liability for not taking any or all actions authorized under this Section 9. Any arnouuts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These atnouuts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If dtis Security Instrument is ou 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. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a couditiou of rnakiug the Loau, Borrower shall pay the premiwns required to maintaiu the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such iusurauce and Borrower was required to make separately designated payments toward the premiums for Mortgage Iusurauce, Borrower shall pay the pretrliwlrs required to obtain coverage substantially equivalent to the Mortgage Iusurauce previously iu effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Iusurauce previously iu effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Iusurauce coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the iusurauce coverage ceased to be iu effect. Leader will accept, use acid retain these payments as anon-refundable loss reserve. iu lieu of Mortgage Iusurauce. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loau is ultiruately paid iu full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can uo longer require loss reserve payments if Mortgage Insurance coverage (itr the amount and for the period that Lender requires) provided by au insurer selected by Lender again becomes available, is obtained, and Leader requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Iusurauce as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiuus required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Iusurauce ends in accordance with any written agreement between Borrower and Leader providing for such teruiuatiou or until terlritratiatr is required by Applicable Law. Nothing iu this Section 10 affects Borrower's obligation to pay interest at the rate provided iu the Note. Mortgage Insurance reimburses Leader (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loart as agreed. Borrower is not a party to the Mortgage Iusurauce. Mortgage insurers evaluate their total risk ou all such insurance iu -force from time to tune, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are ou terns 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 to make paytneuts using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Iusurauce premiums). As a result of these agreements, Leader, any purchaser of the Note, another insurer, any reiusurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) atnouuts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, iu exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreetneut provides that an affiliate of Lender takes a share of insurer's risk iu exchange for a share of the premiums paid to the insurer, the arrangement is often terned "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or airy other terms of the Loart. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, acrd they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has--if any--with respect to the Mortgage Insurance under the Ilorneowrrers Protection Act of 1998 or any other law. These rig}rts 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. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Leader. 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 Leader has had au 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 iu a single disbursement or in a series of progress payments as the work is completed. Utiless an agreement is made iu writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Leader shall not be required to pay Borrower any interest or earnings ou such Miscellaneous Proceeds. If the restoration or repair is not economcally feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrwnent, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied iu the order provided for iu Section 2. Iu the event of a total taking, destruction, or loss irr value of the Property, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument, whether or not thou due, with the excess, if any, paid to Borrower. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17!2000 (page 4 of 7 pages) ' ... ' ' -~/0~ rl 2Q080225 In the event of a partial taking, destruction, or loss iu value of the Property iu which the fair market value of the Property hmnediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the scans secured by this Security Ittstrwtteut hmttediately before the partial taking, destruction, or loss iu value, unless Borrower and Lender otherwise agree iu writing, the sutras secured by this Security Iustrwneut shall be reduced by the atnouut of the Miscellaneous Proceeds multiplied by,the following fraction: (a) the total autouut of the sutras secured hnmediately before the partial taking,. destruction, or loss iu value divided by (b) the fair market value of the Property hntnediately before. the partial taking, destruction, or loss iu value. Auy balance-shall be paid to Borrower. Iu the event of a partial taking, destruction, or loss iu value of the Property iu which the fair market value of the Property imm~ediately before the partial. taking, destruction, or loss in value is less than the ammount of the sutras secured hmnediately before the partial .taking, destruction, or loss is value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sutras secured by this Security Iustrwnent whether or not the sums are then due. If the Property is abattdoued by Borrower, or if, after notice by Leader to Borrower that the Opposing Party (as defined iu the next sentence) offers to make au award to settle a clahu for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Leader is authorized to collect attd apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sutras secured by this Security Iustrumeut, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or crhuinal, is begun that, iu Lender's judgtmeut, could result iu forfeiture of the Property or other material hnpairneut of Lender's interest iu the Property or rights under this Security Iustrumeut. Borrower eau cure such a default and, if acceleration Itas occurred, reinstate as provided in Section 19, by causing the action, or proceeding to be dismissed,with aruling that, in Lender's judgtneut, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Iustrumeut. The proceeds of any award or clahn for damages that are attributable to the nnpairnent of Lender's interest iu the Property are hereby assigned and shall be paid to Leader. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied iu the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tune for payment or tnodificatiou of atttortizatiott of the sutras secured by this Security Iustrumeut granted by Lender to Borrower or any Successor itt Interest of Borrower shall not operate to release the liability of Borrower or any Successors itt Interest of Borrower. Lender shall trot be required to cotttuteuce proceedings against any Successor in Interest of Borrower or to refuse to extend tune for payment or otherwise modify atnortizatiou of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors iu Interest of Borrower. Any forbearance by Lender iu exercising any right or remedy iucludiug, without Innitatiou, Lender's acceptance of payments from third persons, entities or Successors m Interest of Borrower or iu atuouuts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Iustruteut but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrutueut Duly to mortgage, grant and convey the co-signer's interest iu the Property under the terms of this Security Iastrutneut; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Leader and any other Borrower eau agree to extend, modify, forbear or make any acconunodations with regard to the teens of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor iu Interest of Borrower who assumes Borrower's obligations under this Security Instrument iu writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrutneut. Borrower shall not be released from Borrower's obligations and liability under this Security Iustruntent unless Leader agrees to such release in writing. The covenants and agreements of this Security Iustrumeut shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Leader may charge Borrower fees for services performed iu connection with Borrower's default, for the purpose of protecting Lender's interest iu the Property and rights under this Security Instrument, iucludiug, but not lhttited to, attorneys' fees, property inspection and valuation fees. Itt regard to any other fees, the absence of express authority in this Security Instrwneat to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrutneut or by Applicable Law. If the Loan is subject to a law which sets ntaxunutn loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected iu connection with the Loau exceed the permitted limits, then; (a) any such loan charge shall be reduced by the atnouut necessary to reduce the charge to the permitted lhnit; 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 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 prepaytneut 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 will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 1_5. Notices. All notices given by Borrower or Leader in connection with this Security Iustrumeut must be in writing. Auy notice to Borrower iu connection with this Security Iustrmmeut 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 Due Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower ltas 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 Due designated notice address under this Security Iustrumeut at any Due thee. Auy notice to Leader shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Leader has designated another address by notice to Borrower. Any notice in connection with this Security Iustrwment shall not be deemed to have been given to Leader until actually received by Lender. If any notice required by this Security Iustruntent is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Iustrumeut. 16. Governing Law; Severability; Rules of Construction. Tltis Security Iustrumeut shall be governed by federal law and the law of the jurisdiction iu which the Property is located. All rights and obligations contained iu this Security Iustrumeut are subject to any requirements and lnnitatious of Applicable Law. Applicable Law Wright 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 Iustrumeut or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Iustrumeut or the Note which eau be given effect without the conflicting provision. As used in this Security Iustrumeut: (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 Due 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 iu the Property" means any legal or beneficial interest iu the Property, iucludiug, but not 1umited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or arty part of the Property or arty Interest iu the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Leader may require hnmediate payment iu full of all sums secured by this Security Iustrumeut. However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 Hankers Systems, Inc„ St. Cloud, MN Form MD-1-NE 8/17(2000 (page 5 of 7 pages) J~ / X0080225 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 iu accordance with Section 15 within which Borrower must pay all sums secured by this Security Iustrumeut. If Borrower fails to pay these sums prior to the expiration of this period, Leader utay invoke any remedies permitted by this Security Instrument without further notice or demand ou Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any tune prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Iustrumeut; (b) such other period as Applicable Law might specify for the teruitaatiou of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Iustrumeut. Those conditions are that Borrower: (a) pays Leader all sums which then would be due under this Security Iustrumeut and the Note as if uo acceleration had occurred; (b) cures any default of any other covenants or agreemieuts; (c) pays all expenses incurred iu enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest iu the Property and rights under this Security Iustrwnent; and (d) takes such action as Leader clay reasonably require to assure that Lender's interest in the Property and rights under this Security Iustrumeut, and Borrower's obligation to pay the sums secured by this Security Iustrumeut, shall continue unchanged. Leader may require that Borrower pay such reinstatement sums and expenses iu one or more of the following forns, as selected by Leader: (a) cash; (b) money order; (c) certified check, back clacck, treasurer's check or cashier's check, provided any such check is drawn upon au institution whose deposits are insured by a federal agency, iustrauueutality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Iustrumeut and obligations secured hereby shall remain fully effective as if•uo acceleration had occurred. However, this right to reinstate shall not apply in tite case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest iu the Note (together with this Security Iustrwneut) eau be sold one or more tones without prior notice to Borrower. A sale might result iu a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Iustrumeut and performs other mortgage loan servicing obligations under the Note, this Security Iustrumeut, and Applicable Law. There also might be one or more changes of the Loau Servicer uaarelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the taaaue and address of the new Loau Servicer, the address to which payments should be made and any other inforuatiou RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loau is serviced by a Loau Servicer other than the purchaser of the Note, the tortgage loan servicing obligations to Borrower will remain with the. Loau 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 Borrower nor Leader may conuneuce, joie, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Iustrumeut or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Iustrumeut, until such Borrower or Leader has notified the other party (with such notice given in compliance 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 corrective action. If Applicable Law provides a thue period which must elapse before certain action eau be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acccleratiou and opportunity to cure given to Borrower pursuant to Section 22 and tlae notice of acccleratiou given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used ia1 this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Enviromneutal Law and the following substances: gasoline, kerosene, other flauunable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Euvirommeutal Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or euviromneutal protection; (c) "Euviromneutal Cleanup" includes any response action, remedial action, or removal action, as defined in Envirotmieutal Law; and (d) au "Enviromnental Condition" means a condition that can cause, contribute to, or otherwise trigger au Euvirouuieutal Cleanup. Borrower shall not cause or peruit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or iu the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is iu violation of any Euviromneutal Law, (b) which creates au Enviromnental Coaaditiou, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a couditioal 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 Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maiutetaatace of the Property (including, but not limited to, hazardous substances in cousuzner products). Borrower shall promptly give Lender written notice of (a) any investigation, clahn, demand, lawsuit or other action by any govermnental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviromneutal Law of which Borrower has actual knowledge, (b) any Euviromneutal couditiou, including but not Intuited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any couditiou caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower (earns, or is notified by any govermnental or regulatory authority, or any private party, that any removal or other remediatiou of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all accessary remedial actions iu accordance with Euvirommeutal Law. Nothing herein shall create any obligation ou Lender for au 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 covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less 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 itt 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 tltp default is riot cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees attd costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated itt the notice of sale itt one or more parcels and fn any order Trustee determines. Trustee may postpone sale of all or any parcel of the. Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the. truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8!17/2000 (Page G of 7 pngesJ ,j ,i ~~ 20080225 23. Recouveyance. Upon payment of all sums secured by this Security Iustrutueut, Lender shall request Trustee to recouvey the Property and shall surrender this Security Instrument and all cotes evidencing debt secured by this Security Iustruuiettt to Trustee. Trustee shall recouvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Leuder may charge such person or persons a fee for recouveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services. rendered and the charging of the fee is penuitted under Applicable Law. 24. Substitute. Trustee. Lender, at its option, may from tune to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by au iustruuient recorded iu the county iu which this Security Iustruuieut 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. 25. Request for Notices. Borrower requests that copies of the notice of default and sale be scut to Borrower's address which is the Property Address. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained iu this Security Iustruuieut and iu any Rider executed by Borrower and recorded with it. ...... .' ... r..~, ........... ... (Seal) -Borrower .'~ ......................................... (Seal) SR -Borrower [Space Below This Line For Acknowledgment] STATE OF NEBRASKA County of .............~1dGL.m7 ........................... The foregoing it~strutueut was acknowledged before me this ,01;08;2008 .. . ...... . . .... . .............. . . ...................................(date) by GLORIAJ~.GRFEN;.JFS.S~!N~.GRFFN.S.R,.HNSHA~P.AN4.W.IFE................................................... ..................................................................................................(name of person acknowledged). My Cotmnissiou expires:~_~r_/~ .~.~.~.~ Notary Public iiENERAL NOTARY State of Nebraak~ DEBRA J. BARTUNEK Mly Comm. Exp. Feb. 5, 2011 NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 Form 3028 1/01 (lxzge 7oj7psges) 7~'~