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Home My WebLink About20080959NUM PGS I S DOC TAX CK#_.~_ FEES' ~n 00 pp~CK/#o~QO~,I G, CHG ACC7~~TrPJt ) RET FEES: -~ CASH R.O.D. CK# RETURN~17CCtS S ~ f~_ aot ~ ns .P 9o I 191111111111111111~IIII~IIlullllllll NUM ~~ RD. COMP ~ 4514J /d=l~ COMPARE /. Return To: CADAS _ AO ' Tierpne lBank 1235 'N' Street; ~,inco].n, NL 68508 . Prepared, By:. TierOn~ Bank ' 1235 'N' Street. Liincaln, NE 68508 ---[Space. Above This Line For Recortling Data; DEED QF TR~.JST DI/FINITIONS ADAMSF OUNTY, NE INST. N0.~ ~ 5 9 Date ~ 1-~ Time~~rn REGISTER OF DEEDS Words used in multiple sectzons of this document are defined below and tither words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "SecY~rity Instramenl" means this document, which is.dated March 05, 2006 , Together with till Riders to this document. (B) "Borrower" is Brenderi L Schexbarth and ;Sheila A Spl'ierbarth, husband and wife, jointly and each in their own right Borrower is the trustor under this Security Instrument. - .. 0110276620 ,,X: NEBtiASKA - Singh Family -Fannie Niael~roddir~ IVlac UNIFOFiIVt lNS7NUM~NI" f=orm 3028 1/01 -6(NE} lo~roil.oz ® 1SLS Page 1 of 15 Initials: ` J~_ VMP Mortgage Solutions, Inc. ~\ H ~afls ~' 2U0809~9 (C) !'Lender" is xierOne 23ank Lender is a savings Bank organized and existing cinder the laws of t~~~ian STA7CES OF AMI;RTCp. Lender's address is 123fi N Sx"It~E'1' LrNCULN N1r 68508- Lender is the beneficiary under this Security Instrument: (D} "Trustee" is TierOne .Bank (F) "Note'" means the promissory note signed by Borrower and dated March 0;; , 2008. The Note states that Borrower owes i.ender ".CHxFi.xY SIR 7'HUt:7SAN77 ~"T't7E H'(,7NDRED .ANA -00/100 . - Dollars (U.S. $, 36, a00 . d0 ) lilus interest. Borrower has promised to pay this debt in regular Periodic l'aynients and.tct pay-the debt iri full not later than April. 1, 2023 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Propexty. " (G} ";(,,qan!' 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. (I•n "Ttiders" means all Riders to this Security Instrtinent that are executed by Borrower. The following Riders are to he executed by Borrower [chec;k box`as applicable]: [~ Adjustable Rate.Ri.der [~ Coridoritinium-Rider ~ Second Home ]2der Balloon Rider (~ Planned Unit Development Rider ~ 1-4 gamily Rider [] VA Rider [~ 13iweelcly Payment Rider C] gther(sj [specify] (A "Applicable Law" means all controlluig ,applicable federal, state and local statutes,. regulations, ordinances and administrative. rules and 'orders (t>kzat ha~~e the effect of. law) as well as all applicable final, non-appealable. judicial opinions. ~ t~ ~~.. (.I) "Comrntmlty Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are impgsed on. Borrower or the' Property by a condominium association, homeowners association or similar organisation. ~ (K) "Electronic I~'unds Transfer" means any transfer of fiords, ether than a transactign originated by check, draft, or similar paper instrument, which is initiated through an electro-uc terminal., telephonic instrument, computer, or magnetic tape so as to order, instruot, or authorize a financial institution to debit or credit an account. Such tertxt includes, but is not lirriited to, paint-of--sale transfers, automated teller machine transactions, transfers initiated by teleplaone, wire transfers, and automated clearinghouse transfers. (L) "l;scrow Items" means those items that are described~in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settletnerit, award of damages, ar proceeds paid by any third party (other than insurance proceeds paid under the coverages described iri Section 5) for; (i) damage to, or destruction of, the Property; (ri) coritiezr~iation or other caking of all. or any part of the Property; (iii) conveyance in lieu of condemnation; or" (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (1V) "1Vlortgage.h~surance" means insurance protecting Lender against the nonpayment of, or default on, the. Loan. h~Itiols: -6tNEl (04071.02 Pa,po 2!nf:1 F ~~ oZ of /S 0110278620 Farm 3028 1101 2U08U959 (O) "Periodic Payment" means the regularly scheduled,_amount due for (i) principal and interest under the Note, plus (ii) ariy amounts under Section 3 of this Security Instrument. (P) "RI;~PA" means the Real Estate Settlement PrcrGeduxes Act (12, U.S.C. Section 2601 et say.) at~,d its implementing regulation, Regulation X (24 C. F, R. Part 3500), as they might be amended from time to time, or any additional tir successor legislation or regulation U1a1: governs the carne subject matter: As used in this Security Jnstrument, "RESPA" refers to all requirements and restrictions that are irltposed in regard to a "federally related mortgage loan" even if the .Evart does trot qualify as a "federally-related mortgage loan" under RESPA. (Q) "Suc;c:essor in Intert~t of Borrower" means any party that has taken title #o the Property, whether or not that party has assumed Borrower's obligations under the Note anal/ar this Security Instrument. ,•; ,, TRANSFI3R OF RIGHTS IN THE FROPF,RTY This Security Instzunient secures to Lender: (i) the repayinent.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 Instruiitent and the Note. For this purpose, 13orrow•ei- irrevopably grants itud conveys to Trustee, in trust, with power of sale, the following described property .located in the ...County of. H~7AMS [Type of Recording Jurrsdictionl (Name of Recording Jurisdiction) Lots Ninety-Seven {97,) and Ninety->ight-{98), RaiXx•oad Addition to the City of Hastings, Adauts County, hTebraska, a~oording to the recorded plat thereof .+ .~, Parcel ID Number: 2840332200 which currently has the address of 303 5 Belleaue I~ve [SU-eetJ Hastings [City), Nebraska 68901-587.3 [Zip Coae) ("Property Address"): TOGETI~ER 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 replac;ernents and additions shall also be covered by this Security. Instzuuieill..Ali of the foregoing is refereed to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed <tnd has the right to grant acid convey the I'ropei•ty artd that "t1te;Property is urtencuinUered, except for encumbrances of record. Borrower warraut$ and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. -6(NE1 loao~l.oz Page 3 of 15 Initials; ~C~/ ~ a1loz~a62o Farm ;3p7.8 1101 ,~ of /S 2UU~U95J THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction fo constitute. a uniform security instrument covering real .property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as fnhows; 1. Payrnenl o!' Principal, Interest, Escrow Tteims, Prepayment Charges, and I.,ate ClRarges. Borrower shall pay. when, due the principal of, ,.and interest, on, the debt evidenced by the. Note and any prepayrrrenC charges and late charges due under the; Voter Borrower. shall also pay funds fo.r Escrow Items pursuant to Section 3.. Payments due tinder the Nate and': this Security Tnstrument shall be made in U. S. curxency. However, iI any check Qr other instrument received by Lender as payment under the Note or this Security Instrument is retunaed to Lender unpaid, Lender may require that any or all subsequent.payments due under the Note and this Security Instru»zent.be made iu one or more of the following forms, as selected by Tender: (a) cash; (b) money oxder; (c) certified check, bank check, treasurer's check or casliiex's check, provided any such .check is drawn upon an institution whose deposits are insured by a . federal agency; instrumentality, or entity; nr (d) Electxonic Funds Transfer. ' Payments are deemed. received by 'Lender when received at the location designated in-the Note or at such other location as may be designated by Lender iu accordance with the notice provisions in Section 1S. Lender may return any payment or partial paymeait if the payment or partial payments are insufficient to bring the Loan current. Lender pray accept any payment, or partial payment insufficient to bring the Loan current, without waiver of any rights hereunde[ or prejudice to its rights to refuse Bitch payrnerit or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled doe date, then lender need not pay interest on unapplied.funds. Lender may hold such uirapplied funds until Borrower makes payments 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 there to Borrower. If not applied .earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No (tffset or claim which Banrowex might have now or in the future against Lender shall relieve Borrower froth making payments due utrdex the Note and this Security .Instrument: or perfprming the covenants and agreements secured by this Security Instrument. . 2. Application of Payments or .Pruceeds...Except as otherwise described in this Section 2, all payrrients accepted. turd applied by Lender shall b~~ appl~etd in, the following order 'of priority: (a) interest due under the Note; (b) principal due under .the Note; (c) amounts due under Sectioir 3, Such payments shall be applied to each Periodic Payment in the order in.which it became due. Any remaining amounts shall be applied first to late charges, second to any other anlourrts due under this Security Instrument, 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.clrarge. If more than one Periodic Payment is .outstanding, Lender may apply any payment received from Borrower co the repayment of the Periodic Payments if, and to the extehC that, each payment can be paid in t'ull. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may bo appliedt~; any late charges due. Vpluntary prepayiuents shall be applied first to any prepayment charges and ttteti as,dt$cribed in the Note, Any application pf payments; insurance proceeds, or Miscellaneous Proceeds to principal due under the Noce shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3, Farads fur Escrow Items. Borrower shall pay to Lender on the day Periodic Payments' are due under the Note, until ihe.Note is paid in full, a suer (the "Funds") to provide for payment of amounts due f'or: (a) taxes and assessments arrd other items which can attain priority over this Stcurily Instrument as a lien or ericuinbrance on the Property; (b) leasehold. payments or ground rents ou the Property, if any; (c) premiums for any acid all insurance required by .Lender under Section S; and (d) Mortgage Insurance -~( 0110278620 ~yp~, • ~~~,~d~b:l~LS' ~y- -6(Nlrl foao~i.oz ~ Pege $ of 15 FP-IY1 $tl2$ 1/tl1 /~ o f 1l' ~oosu~5~ premiums, if any, ox any .sums payable lay Borrower to Lender in lieu of. the paymeut of Mortgage Insurance premiurris in accordance with the, provsigns of Section 10. These items are called "L~scrow Items:" At origination or at any time during tile. ternl;of the Loan, Lender znay require that. Community Association Dues, Fees, and Assessments, if auy, be escrowed by Borxowex, and such dues, fees and assessments steal( he an Escrow Item. Borrower shall promptly furnish to Lender all notices of arnounts'to he paa,d tinder this Section.. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Bo.nrower's obligation to pay tkte Funds for any or all escrow Items. Lender may waive Borrower's obligation to pay to I.,ender Funds for any or all Escrow Items. at any time. Any such waiver may only be ixl writing. hi the event of such waiver, Bon-ower shall pay directly, when and whexe payable, the amounts due for any Escrow Items, for which payment of Funds has been waived by Lender arid, if Lender requires, shall furnish to Lender receipts evidencing such paytnent within such time period as Lender may require. Borrower's obl.igatiori to, tila~Ce such. .payments and to provide receipts shall for. all purposes be deemed to he a covenant and. agreement.contalned iri this Security Izastztnttent,. as the phrase''coyenartt and agreement" is used ixt Section 9.:If. Borrower is obligated to pay E~~ow Items directly, pursuant to a.waivei•, and Borxower fails to pay the amount due for art Escrow 7tetrt; Lendez'may exercise its rights under Section 9 and.iSay such amount and $orrower s11~11 then be obligated. under Section 9 to repay to Tender 'any such. amount. Lender may revoke the waiver.as to oily or all Escrow Itetns at any- time by a notice given in accordance with Section 15 arid, upon such-revocation, Borrower shall. pay to Lender all Funds, and in -such antounfs, that are then required under tlzis Section. 3. , ieitdex may, at any time, collect and hold kends in an amount (a) sufficient to permit Lender to,apply the Funds at the tithe specified under RESPA, and {b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the. amount of Funds due on-the basis of current data and reasonable ,estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. ra The Funds shall be held in an institution v/hose deposits are insured by a .federal agency, ~. instrumentality, ox entity, (including Lendex, if Lender is ~i institution whgse deposits are so insured) or in. any Federal I-Tonle Loan Bank. Lender shall apply the Futids to pay the Escrow Items. no later than the time specified under RESPA, Lender shall not charge Boxrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Ttems, unless Lender pays $orxowex 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 qn the Funds, Lender shall not be required to pay Harrower 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 acwunting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined undex RESPA, Lender shall ac;c;ount to Borrower for the excess funds in accordance with RESPA. If there is .a shortage of Funds held in escrow, as defined uncles RESPA;, Lender shall notify,,Borrciw~r as :required by RESPA, and Borrower shall pay to Tender 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 Fltnds held in 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 deficiency in accordance with RESPA, but in no more th~ut 12 monthly payments: Upon payment in full of all sums secured by this Security Instrument, Lender shalt promptly refund to Boxrower any. Funds held by Lender. 4. Chairgt~; Liens: Borrower shall pay all taxes, assessments, charges, fines, ~md impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or grotutd rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent thaC these items are Escrow Items, Borrower shall pay them in the Inaruter provided in Section 3. ,,,.,•„ ~C ~1102~662~ ~„Minis: ~ J -6ltur=l ~ono~i,oz Pnpn 5 n+ to `~\~ Farm 307.E 1181 ® J ~m~ ~~ ~00~005~- ,E.,. ,4 Borxowex shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which iu Lender's opinion operate to prevent the enforcement of the lien while, those proceedings are pundirrg, but only until such proceedings are concluded; or (c) secures from the holder, oi' the lien an agreement satisfactory to Lender subardinatin~; the. lien to this Security Tnsti•urirent. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Harrower a notice identifying the lien. Within l0 days of ihe date on which tfrat nottce~js -given, $orrower shall satisi'y the lien ar take one or more of the actions set forth above in this Section 4. `' ` Lender may require Borrower to pay aone-tune 'charge for a real estate tax verii'icatian and/or ' reportipg service.used by Leiader in connection with this Loan. 5,`PrUlierty Insura~ice. Borrower shall keep :ihe. improvements now existing or .hereafter erected. on the, Property, insured against l.gss by lire, .Hazards intiltideci within the term ''extended. coverage," and any other hazards. including, but not limited to, earthquakes attd floods, i'or which Lender requires insuraxce. 1'lxrs insurance shall be tnaintarned i.n the amounts. (inelucling deductible levels) and for the periods that I:erider requires. What Lender requires. pursuant to the preceding sentences can change during the term o#' the Loan. The insurance carnet' prUvi.ding the. insurance shall be chosen by Borrower subject to Lenders right to disapprove .I3tirrower'.s choice, which 'right shall not be exercised unreasonably. Lender may require Borrower to pay, ' in oomrection 'with this Loan., either: (a) a one-time charge for flood zone deterrrtination, ,certification, and.lraclcing services, pr'(b)a one-time charge for flood zone determination. . and certification services and subseguerrt charges each' -time iemappings 'or .similar changes occur .which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of. any fees imposed by the. Federal Emergency lvlanagetnent Agency in connection with the review of any flood zone determination resulting from ap.objection by Borrower.. If Borrower fails t0 maintain any of fhe coverages described above, bender 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 caves Lender, but might or might Trot 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,~~esser coverage than was previously in effect. Borrower acknowledges Uiat the cast of the insurance -cone ~ so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by bender under this Section 5 shall become additional ,debt of Borrower secured by this Security Instrument. These atnouttts 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 requt;sting 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/ox as an additional.1oss payee. Lender shall have the right to hold the. tolicies and renewal certificates. If Lender requires, Borrower,shall prarnptly give to .Lender all recoipts of paid premiums and renewal notices, if Borrower obtains any form of insurance coverage, not. otherwise required by Lender, afar. damage to, or destruction of,. the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee attd/or as an additional lass payee. La the event of loss, Borrower shall give pro~rpt notice to the insurance carrier and Lender. Lender inay make proof of loss if not made promptly, by~`Bor~•ower. Unless Lendex and Borrower otherwise agree in writing, any insurance.. proceeds, whether or not ihe underlying insurance was required by Lender, shall be applied to 'restoration or repair.of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had ail opportunity to inspect such Property to ensure the LS o1loa~ss2o Initials: ~-sltVt:l ID407~,02 Rape 8 nt 15 `\~ Form 302$ 1101 ® I rc :,'" .'+~ > ~ of ~s 2~08UJ59 work has been completed to Lender's satisfaction, pra~ided that such inspection shall he undertaken promptly. Lender may disburse proceeds for the;repa.irs:and restoration in a single payment or in a series ofprogress payments as the work is completed, :Unless an agreement is made in. writing or Applicable Law requires intezest to' he paid on such insurance proceeds, lender shall not be required fo pay Boxrocver any interest or earnings an such proceeds. Fees for.`'pilbh~ adjusters, or other third parties, retained by Borrower shall not b,e paid out of the insurance proceeds and shall. he the sole obli.gativn of Boxrowsr. If the restoration or repair is not economically feasible or l:~ender`s security would be lessened, the insurance prviceeds shall be applied tv the scans secuxed by this Security lnstniment, whether or not then due, with the excess, if any, paid to Borrower. Such insitranee proceeds shall he applied in the order provided for in Section 2. If 13orrawex abandpns the Property, Lender may file, negotiate acrd settle. any available insurance claim and related matters. If Borrower dies not respond within .3U days to a notice from Lender that the insurance carrier kiss offered. to settle.a claim; then Lender may negotiate and settle the claim. The 3U-day period, will begin wkten the. notice is given. In either. event, or. if .Lender acduires the. Property under Section ~2 or otherwise, Xorrower hereby assigns:`tc `,l;,endei• (a) Borrower's rights- to any insurance proceeds in an amount not to exceed tha amounts unpaidunder the Nvfe or this Security Instrument, and (b) any-other of. Borrower's irigh.ts (other than the right to any. i'efi,nd of unearned premiums. paid by Bvrrower) under all insurance policies covering the'Property, insofar as such rights are applicable to the cwej~age vF the Property. Lender. may 'use the insurance proceeds either to .repair or restore the Property or to pay anxounts unpaid .under the. Note or-this Security Instrument, whether, or not therx due. G. Ocetipancy. Bcirrvwer shall occupy, establish, and use the 'Property as Borrower's principal residence, within b0 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 y.. otherwise agrees in .writing, which consent shall riot be pnreasonably .withheld, or unless extenuating circumstances exist which. are beyond Boritower'~ control, 7. )f'reservatlon, 1Vlai~ttenaiace and ProteGtion;,of the Property; Inspections. Borrower shall not destroy; damage or iin:pair the Property, allow the Property to deteriorate or commit waste an the Property. Whether or' not l3orrawer is residing in the Property; Borrower shall maintain tlxe Property in order to prevent the Property frgn deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repaix 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 he responsible for repairing or restoring the Property only if. Lender has :released prviceeds for such purposes. Lendex znay disbuxse proceeds for the repai.xs and xestoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to xepair or restore the property, Bor>r:ower is ncit':relieved of Borrower's obligation for the completion. of such repair, or xestoration. ,~ Lender or its agent may make reasonahl~,ezttrit;supon and .inspections of the Property, If it-has reasonable cause, Lender may inspect the. interior of tlae improvements on the Property. bender shall give Bvrrpwer notice at the time pf or prior to such an ititerior'inspection specifying such reasonable cause, 8. Borrower's .Goan. Application. Borrower shall be in default if, during the Loan application process, Borrower or any pexsons or entities acting at -the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed. to provide Lender with material information) in connection with the Loan. Material representations include, but are. not limited to, representations concerning Bo.trgwex's occupancy of the Property as lorrower's principal residence, , • ' 01],0278620 -61NE) rono~~.o7 Pase ~ or i s \ ~\~/i ~ Form 3028 1 /01 ~m1~~ ,,. 2UQ$QQ5~ 9. Protection of Lender's Intertst in the I'ropir~y,ttnd Rights Under this Security Instrument, If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is.a legal proceeding that might significantly affect L,ender'.s interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for candemnatioil or forfeiture, for enforcement of a lien which tnay attain pnority over this Security Instrument or to enforce laws or regulations), or (e) Borrower has abandoned the Property, then bender ntay 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. anal/or assessing the value oi' the Property, and securing and/or repairing the Property, Lender's actions cari,igclude, but are not litpited to: (a) paying atiy sums sec;uxed by a lien which has .priority over- this Security Instrument; (b)'appearing in .court; and (c) paying reasonable attorneys.' fees to protect its interest in the Property.. and/or rights under this Security Instrument, including 'its secured .position in a bankruptcy. proceedng. Securing the Property includes, but is not limited to, entering-ttie Property to make repairs, change locks, teplacd pr board up doors and windows, drain water frorri. pipes, .eliminate building or other code :vtolations o"r.~ i~angerous conditions, .and ha a utilities. turned on, or off. 'Although °Lender may take action under this -Section 9, I:ender -does not have to do so and is not undex..atty.,duty or obligation to do so.. It is'agre~d that Lender incurs no liability fcr not taking any or all actions authprized under this Section 9. Any, .amounts. disbursed by Lendex under this Section 9 shall become additional debt of Borrower secttred.by this Security.Instrument. These ain:ounts shall bear interest of the Note rate from the date of disbursement. and shall be payable,. with such interest, upon notice from' Lender to Harrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply -with all the provisions of [hc lease. If Torrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees tq the merger in writing.. 10. Mortgage Insurance. If Lender required Mtr[gage Insurance as a condition of making the Loan, Borrower shall pay the pretiiiurrrs required to maintain~tlie~`Mortgage Insurance in effect. If, for any reason, the Mortgage Insuxance. coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the prerniuzns for Mortgage Insurance, Borrower. shall pay the pxernrums required to obtain coverage substantially equivalent to the .IVlortgage .Insurance previousl.,y in effect, at a cost substantially equivalent to the. cost to Borrower of the. Mortgage Insurance previo. usly in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments tltat were 'due when the insurance coverage ceased to. be. m 'eff'ect. Lend<:r will accept, use and retain these payments as anon-refundable loss resewe in lieu of iYlortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay 13orrowex any interest .ar earnings ort such loss reserve, Lender, can no longer require loss reserve paynents if Mortgage Insurance coverage (iti,ihe amount and fox the period that Lender, requu`es) provided by an insurer selected by Lender agai'rt bGel?ines oval]able, is obtained,. and Lender requires .separately designated payments toward the premittnis for Ivlortgage Insurance. If Lender required Mortgage Insurance as a condition of risking the Loan and Borrower was xequfred to make separately designated payments toward die prerxiiums for Mortgage Instirairce, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a. non-refundable -loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with oily written agreement between Borrower -and Lender providing for such termination or until termination is required by Applicable Law. Nothing in.this Section l0 affects Borrower's obligation ttl 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 incux if Borrower does not repay rho Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk pn ;alb;, ~,ucli irisui•ancc in force from time to time, and may enter into agreeme.nts.with other parties that shaygg ar.Fnodfy their risk, or reduce losses, These agreements axe 'on terms and conditions. that are satisfactory `fo the mortgage insurer and the other p;irty (or parties) to these agreements. These agreements may require, th'e mortgage insurer to make payments using airy source of. funds that the mortgage insurer may-have available (which. may include funds. obtained from Mortgage htsurancc premiums). 1 ~' O1Y0278620 Initials: ~ -61NE) logo».oz Pape 6 of 1 K `-~ Form 3028 1101 ;.. `~ of ~~ 20080J~9 As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other .entity, or any 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 ezchan,ge for sharing or inpdifying the mortgage insurer's risk, or reducing ]osses, If such agreement provides that, tui affiliate of Lender takes a share of the insurer's risk in exchange for a Share of the premiums paid to the insurer, the arraugerrient is often termed "captive reinsurance. " Further: (a) Any such, agreexraents will atot, affect t~i;~` jia~oaants that :ll:orrow®r has agreed '.to pay for Mortgage Insurance, or any other teratas of the Loan.,;5uch agreements. will.not increase tlae amount Borrower will owe for Mortgage, Insurance arAd they i~iil not entitle Borrower to any refaaatd, (b) Any such agreements will not affeect the rights Borrower has - if any -with respect to the Mortgage Insurance under the Homeowners I'a•otection 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 Lasurance, to have the Mortgage iaisurance terminated automatically; and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. •I1. ,A;ssignrgent. of iVliscellatteous. troceeds; ;Norfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender.. Tf the Property is damaged, such Miscellaneous. Proceeds shall be applied to restoration or repair of the Property, if the restoration ar repair is economically feasible and Lender's security is .not lessened. nuring such repair and restoration period, I_.ender shall have. the right to hold such Miscellaneous Proceeds until Lender has' had an :opportunity to inspect such. Property to ensure the work .has been corripleted .to Lender's satisfaction, provided that such inspection shall be undertaken promptly.. Lender may pay for the repairs and restoration ul a single. disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to he paid an such Miscellaneous.)}roceeds; Lendei shall not be required to pay Borrowor any interest or earnings on such Ivli cellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section Z. ItY the event ' of . a total taking, destruction;; or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the stimS secured by xhis Security Instrument, whether or -not then due, with the excess,'if-any, paid to Borrower. ; In the. event oP a partial taking,. destruction,, or ibss~i'n 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 agreern writing, the sums secured ~y this Security Instrument shall- be reduced by the amount of the Miscellaneous Proceeds muiti~lied by the following, fraction: (a) the total amounC of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property irrunediately before the partial taking, destruction, or loss in value. Any balance shall be laid 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 taki;ilg, destruction, or loss in value is less than the amount of the sums secured immediately before; the partial taking, .destruction, or loss in value; unless Borrower. and ].,ender otherwise agree in writing, the.Misce~laneous Proceeds shall be applied to the sums secured by this Security Instrument whiaher or opt ttie.'sums are then due. If the. Property is abandoned by Borrower;` or fr', after notice by Lender to Borrvwer that the Opposing Party (as defined in the next sentence) offer's. to make an award to settle a claim for damages, Borrower fails to respond to Lender within ~U days after the date the notice is given; Lenderis authorized to collect and. apply floe 1vliscellaneaus Proceeds either to restoration or repair of the Property or to 'the sums secured by this Security Instrument, whetlier or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or-the party against wfiom 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 Property or rights under this .Security Instrument. Borrower can cure such a default and, if ,. ~L~ pix.o2~es2o ~, '• i~~um~a: D -G(NEI ioaa~~.os r'Pape 8 0(15` ~ Form 3a28 1(01 ° ~ . ~ SAS y of is 2U08U959 acceleration has .occurred, reinstate as providedr;in.Section 19, by causing the action or proceeding to bo dismissed with a ruling that, in Lender`s judgment, `precludes forfeiture of the Property or other material impairnieiit of Lender's interest in the Property or~xighlS.tittder this Security Instrument; The proceeds of any-award ar claim for damages that are.attributable. tc~ the iirtpairtnent of Lender's interest in Che Property are hereby assigned acid shall, be paid to Lender. ' All Miscellaneous Proceeds that are not applied to restoration or replir of the Property shall be applied in the order pi~oyided fo.r in Section 2. 12, .1orrower Not Released; )('orbeurance l3y.I,,entles• Not a Waiver. Extension of the time fax .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 m Interest of Borrower. Lender shall net 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 vy this Security I,nsttumenC by reason of any demand made by the original Borrower or atry Successors in Interest of Borrower: `Any: forbearance by Lender iix exercising arty right or remedy including, without limitation, Leniler's~acceptarice of payments from third persons, entities or Successors iri lnterest'df Borrower or in amounts~`less thai'the amount then due>: shall not be a waiver of or preclude the exercise of any: right or remedy. 13. Joint ,and Several, Liauility; Co-signers; 5uccessars 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 Instrurrient but does not execute the Note (a "co-signer"): (a) is co-signing this .Security lnsin~ment only to mortgage, grant. and convey the co-signer's interest in the Property ender the terms of this Security lnstiumenf; (b) is -not personally obligated to pay the, sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any 'accointnodations with regard to the terms of this Security Instrument or the Nora without the co-signer's consent. Subject to the .provisions of Section 18t~ any Successor in Interest of Borrower ~vho assumes Borrower's obligations under this Security. Tnstruirter~tlin writing, and is approved by Lender, shall obtain all of $orrowar's rights and benefits under this Se¢uritx Instrument, Borrower shall not be released from Borrower's obligations and l.ialiility..under this Sectlrty;T'r.)strunient unless Lender agrees to such release in writing.. The cave-iartts :and agreetrients of this Security Instrument shall bind. (except as provided in Section 20) and benefit-the successors and assigns ~f Lender. 14,. Loon Charges.. Lender may charge Borrower fees for services performed in comiection with Borrower's default, 'for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including,; bait not limited to, attorneys' fees, property inspeciion attd valuation fees, In regard to any other fees, tlae. absence of express authority in this Security Instrurrte~~t to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender tray not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and flier law is finally interpreted so Ihat the interest o,r.ather loan Charges collected gr,tq,.b~ collected in connection with. the Loan exceed the permitted limits, then: (a) any such loan charge: sha~~+he, reduced by the amount necessary to reduce the charge to the permitted lunit;`and (b) any sums already'cQllected from Borrower which exceeded permitted limits. will be refunded to. Borrower. Lender .zriay;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 reductiori will be treated as a partial prepayment withoui .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 -will constitute a waiver of any right of action Borrower might have arising out of. such overcharge. 15. Notices. All notices given by }3orrower or I_,ender in connection with this Security Instrument must be iii writing; Any notice to Borrower iu conneetian,vvith this Security Instfument shall be deemed to Nava been given to. Borrower .when mailed by first class mail or vt~hen actually delivered to Borrower's notice address if sent by other means. Notice to. any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly reduires.otheiwtse..,'T'he notice.address shall be the Property Address unless Borrower has designated a substitute nottc~~saddress by notice. to Leiicier. Borrower shall prpmptly notify Lender of Borrower's chango of address. Tf. L~ndor specifies a procedure for reporting Borrower's change .of address, then Borrower shall only zeport a change of udd.ress through that specified procedure. ` 0110278620 Initials: LS -6tN~1 (04071,02 PaOe 10 of 75 ~~ Form 30?,$ 1la1 ~~~ .,`~' .i. ic. /0 ~ f /S 2UU8U95U '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 another address by notice to Borrower. Any notice in connection with this Security Instrument. shall not be deemed to have been given to Lender until actually received by Lender, If any notice required by this Security Instrument is also required under Applicable Law, the Applicable l:,aw requirement will satisfy the..c~rresponding retjuirerrient under. this Security Instrument. 16. Governing Lz;w; 5everability; Roles of Construction. This Security Instrument shall be governed by federal law Ind the law of the jurisdiction in which the: Property is located. All rights and obligations contained in this Security Instrumenf are' s°ubject to .any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree. by contract or it might, be silent, but such silence shall not be construed as a prohibition against .agreement by contract, In the event that any provisiori or clause of:. this Security Instrument or the :Nate conflicts with Applicable . Laiv, such coxiflict shall not affect other provisions of this Security Instrum, ant or the'Note which 'can be given effect without the conflicting provis.ipzt: As .used :in°this :Security. Instrument: (a) words ,of the rriasculine gender .shall. meaty and include corresponding neuter wards or words of the feniiniiie gender; (b) swords in the singular Shah -mean and include the plural and. vice versa; and (c) the word "rnay" gives sole discretion without any obligation to take any action. 17, Borrower's Copy. Burrower shall be given on,e copy of the Note and of this Security Instrument. 18. .['ransfer of the I'rope[-ty or a Benefretal-?Interest in Bonrovi~er, As used in this Section 1$, "Interest in.the Property" means arty legal or beneficial interest in the Property, including,- but noC limited to, those Ueneficial interests-transferred iii a bond for dee(1, contract for deed, iustalhiient sales contract or escrow agreementt> the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in ttte 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 Leirder exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days froth the date'the notice is given in acwrdance.with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these suers prior to the expiration of this period., 'bender may ..invoke any remedies permitted by this Security Instrument without further notice or dertiand on?I3orrower. 19. I3orrower!s Right to Reinstate After- Acceleration. if Borrower meets certain ~ conditions, Borrower shall have the right to have enforcement ~f this. Security Tnstn~inent discontinued at any time prior to the earliest ol': (a) five days before sale of the Property pursuant to any power of.sale contained in this Security Instrument; (U) Such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrtiritent. 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 a:iy default of any other covenants or agreerironis; (c) pays all expenses incurred in enforcing this Security Ir.,Struntent, 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 izt the P>;'operry and rights under this Security Instrument;. and (d) takes such action as Lender miry reasonably'req~tire: t¢ 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 orte ox mare of the following farms, as selected by l:;etxder: (a) cash; (b) money order; (c) certified check; bank check, treasurer's check or t:ashier's check; provided any such check is .drawn upon an institution whose deposits are insured. uy a federal agency, instrumentality or entity; or (d} Electronic Funds Transfer. Upgn reinstatement by Borrower, this Security instrument and obligations secured hereby ,y, 0110278620 Initials: l,~ / -61N1:) ioaoii.oz page 11 0/ 1~5 ~ _ f=orm 3028 1/01 ~~ Of /s 2~JO~U~S~ shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case cif acceleration under Section 18,x: 20. Sale of Note; Change of T.oan Servacer• Notice. of Grievance. The Note pr a partial interest in the Note (together with this Security Instrument) ~can,~l~e, sold one or entire times without prior iraticc to Borrower. A sale might result in a change iri'the entity (known as the "Loam Sarvicer") that collects Periodic Payments due under the Note and this Sec:arity Instrument and performs othex mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one. or more changes of the Lean Sarvicer unrelated .to a sale of the Nole. If there is a change of the, Loan Sarvicer, Borrower will be given written notice of the change which will state the.name and address of the new Loan Sarvicer, -the address to which paymepts should be made and any other information IZFSPA requires in connection with a notice of transferof servicing. If the Note is sold anti thereafter the Loan is serviced by a Loan Sarvicer. ether than the purchaser of the Nate,' the mortgage loan servicing 'obligations to Borrower will rerriain with. the Loan Sarvicer or-be trarisierred to a successor Loan Sarvicer -and are. not assumed by the Note purchaser, unless othervvtse .provided ~y the. Nate purchasex. ` Neither Borrower nor Lender may c:omnience,'join, :or be joined to any judicial aetioii (as either.an individual litig~uif Qr the member of a. class) thdt` arses; From the other party's actions pursuant. to this .Security Instrument or that alleges ,that the other parry' has' breached any provision of, or any duty owed by , reason of, this. Security Instrument; until such Borrower or Lender has notified the other party (with such notice given ,in compliance with the requirements of Section 15) of such alleged, breach rind afforded the otlrer party hereto a xeastinable period after the giviirg pf such notice tp take corrective action..If Applicable Law provides a time period which must: elapse before certain action can be taken, that time period -will, be deemed to ba reasonable for purposes of this. paragraph. The notice of acceleration and, opportunity to cure given to Borrower pursuant to Section 22 and 'the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of thrs Section 20. 21 )Cldzardous Substances. As used .rn ihXa:'Spc,Lion 21.; (a) "Hazardous. Substances" are those substances defined as toxic or hazardous substances, pOliptants, or wastes by Environmental Law and the following substances:. gasoline, kerosene; other tlaminal~le or ,toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or Torrrialdehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safely or environmental protection; (c) "Environmental Cleanup" includes any response actirJra, remedial action, or removal action, as delined in Bnvironmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrrwer shall not cause or permit the presence, u~,e, disposal, storage, or release of any Hazardous Substances, or, threaten to release any Hazardous Substances, ou 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 Envh'ymnental Law, (b) which creates an Environental CoiiditiQri; ~urj(c) which, due to-the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are. generally i'ccognized to be appropriate to normal resicletitial uses and to niaintenatice of the Properly (including, but, riot linuted to, hazardous substances in consumer products). Borrower shall pramptiy give Lender wxitten notice of (a) any investigation, claim, iiernand,. lawsuit or other action by any governmental or regulatory agency or private party involving the Pt~operty and any Hazardous Substance or Envirommental .Law of which Borrower has actual knowledge, (b) any Environmental Catidition, including but not limited to, ariy.spiling, leaking, discharge, release or threat of .release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous SuUstance which adversely affects the value, of the Property.' If Borrower learns,. or` is notified !.. , t:,'F! ,• .. Ji ' L) 0110278620 ~~~ Initials: -~) -61NE} IOa071.02 Haas tz of 15 ~~ Form 302$ 1107 O ~o~ O1~ ~/r 200~0~~~ by any governmental or regulatory authority, or any private party, .that any removal or. other remed.iation of any Hazardous Substance affecting the Property is .necessary, Borrower shall promptly-take ail necessary retuedial actions in accordance with Envirorutiental Law. Nothing Ite:rein shall create any obligation on Lender-for an. )ailvirorrrt~ental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender 1'urthercovenant and agree as follows: 22. Acceleration; Regrtedies, Lender shall give notice to Iorrower .prior to acceleration fgllolving I3arrawer's breach of an}~ covenant or agreement in this Security Instrument (but not prior to acceleration under Section 1$ unless Applicable`:Law provides othetnvise). 'I'Ite notice shall specify: (a) the: d4~ault; (b) the acCion required to core the d~fa:tllt;`(c) 'a date, rtot less than 3.0 days fronn ttte date the notice is tlven .to Borrower, by which the defapl't must be cured; and (d) that (allure to care the default on or before the date specified ha the notice ruay result in acceleration of 'the sums secured by this Security Instrument and sale of the 1Property: Tle.notiCe shall further, infprnt l3orrotyer of the right to reinslate.after acceleration atxd-the right to, bring a court action. to assert the non-existence of a default or. any other defense of Borrower to.acceleration anti sale. If the default is-not aired an ar befpre the elate specified In tlie:notice; Lender.at its;option-Wray require itrimedlate j1'aymertt in full of aA sums secured, by this Security Instrument without further detnarid and may invoke the power of sale and any outer remedies pertilitted by applicable Law, Lender stroll be certified to collect all expenses incu~rred'in pursuing the remedies, provided i,>L this Section 22, including, but riot 1rmited to, reasorxable attarrieys' fei;s and Costs of title evidence. If tfie power of sale is invoked, Trustee shall, record a notice of default in each caernty in which arty p;irt uf..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 Larv, Trustee shall give public notice of sale to fife persons and iir 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 attd under fife tcrnts designated in rite notice of sale :iri one or more parcels and in any order Trustee determines. Trustee tray pgstpane sale of all or any pai•Cel .of the Property by public ann~uncetnent. at the flute and place of any previqusly scheduled sale. Lender or'its designee may purchase the Property at any sale. Uport rtx;eipt bf .payrreent of the price bid, Trustee shall deliver to the purchaser Trustees deed conveying the Properly., The recitals .in ttie Trustee's deed shall tie prima facie evidence of the truth of the striterxtetrts made therein "Crustee shall ap~rly~tl>le: proceeds of the -sale in .the fallowing order: (a) tU all costs and expenses pf exercising thcs poryer :oaf`1.,s'~;le, and fife sale, including the payment, of the Trustee s ices actually incurred and reasonable;. s3tt9rneys' -fees as permitted Uy Applicable Law; {b) to all sums secured icy this security Instrument; and (c) any excess, to the person or persons legally entitled to it. 23. Re:cgrtveyance: Upon payment of alt sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender. this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. T:CUStee shall reconvey the. Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs, Lender may charge such person or persons a fee for reconveying, the Property, but only if the fee, is .paid to a third party (such as the Trustee) fo'r services rendered and the charging of the fee. is permitted under Applicable Law, 24. Substitute Trustee. Lender, at its. option, ,t?ay from time to time remove Trustee and appoint a successor trustee to any Trustee appointed. hereuncle, r by`a`ti instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of file Properly, the successor trustee shall. succeed to all the title, power and duties cgnfcrred upon Trustee herein and by Appliiat~le Law. 25. Request for Notices. Borrower requests that copies of file notice of default and sale be sent to Borrower's address which is the Property Address. -6(NE) (04071.02 Pogo 13 of 15 S'" %~f ' l i Initlats: -•~~ 1~. O11Q27$620 ~~ o f- /S Form 3028 7 /01 2U08U~59 BY SIGNING B1~LOW, Borrower accepts grid agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by,l3orrower and recorded with it. Witnesses: .; } ~.' _-___.__.._-----__. ._-----~........ .~. ~~~~ S l ( ._~_.,.._~.___......_. ea ) ` renden eherbarth -Borrower SHEILA A SCHERSARTH -Borrower --- -:.--, _T_~_~_-_:______ (Sea]) _._~..... (Seal) -Borrower -Borrower F --------- (Seal) .. Y .:~ . ---------~~._.-.. (Seal) -BorrUVrer -Aorrower (Seal) _._ (Seal) -Bon'ower -Borrower • 0110276620 ~-6~NEl 10407.02 PSga 14 of 15 ~grlll 307.13 1101 ~~~ /~ o f /S ~U0809~9 STATE OF iVFBRAS]KA, ADAMS County ss: The foregoing. instrument was acknowledged before me this 5th clay of March 2008 , by ~renden .L Scherbarth,SgETI,A, !1 SCHERBARTH My Conunission Expires:. ~:~. ~e~~ ~ ~~?,~ ~ ~ `v ---- Nota L' b~ GENERAL NOTARY - Stafe of Nebraska TYLER D. GLOYSTEIN MY Comm. Exp. December 26, 2010 0110278620 Initi:+ls: (~-61NE) loao~i.o2 Page 15 01 78 porm 3028 1IQ9