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HomeMy WebLinkAbout20080150, ,.-.,..~ u~ V HOC TAX CK# fEES~PD~CK#,~~a- CHG ACCT # RET FEES: _____CASH.,~ R.O.D. CK# RECD ,~~,~~',(jy:~ - t~ a~ lei T.">~~ RETURN ~a+r`7~6~ ~7<~G f~a ~.zt1 i1/E dB9o/ I~MEI~~'~N'~~I~~'~ , aoaMS~E~So NUM ~rs>~,~1 /ool~ ~//~rq~ %~`~6 RD. COMP k -~ ~~~ COMPARE ~-.__. CADAS -- AD ~~i,ni,(r~, d~' ~i'~~nlvol,~ril REGISTER OF DEEDS (Space Above This Line For Recording Data( DEED OF TRUST MIN: 100416700004405115 DEFINITIONS Words used in multiple sections of this document arc defined below end other words are defined in Sections 3, 1 I, 13, 18, ?0 and 21. Certain rules regarding fife usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated January 11th 2008 ,together with all Ridets to this document. (B) "Borrower" is Heath R Mlady and Cynthia J Mlady, husband and wife Borrower is dtc trustor under this Security Instrument (C) "Lender" isCharterWest National Bank .Lender is a Corporation organized and existing under the laws oflhe State of Nebraska Lender's address is710 N Dfera Avenue Suite M Grand Island, NE 68803 (D) "Trustee^ isCharterWest National Bank 201 South Main Street West Paint, NE 68788 (E) "MERS" is Morgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nomil7cc for Lcndcr and Lender's stlcccssors and assigns. MERS is the beneficiary under this Security instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888).679-MERS. (F) "Note" means the promissory note signed by Borrower end dated Jonuary 11th 2008 .The Notc states that Borrowcrowcs LenderTtvo Hundred Fiftv Seven Thousand and OOJI00 Dollars (U.S. S 257,000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1, 2038 (G) "Property" means the property that is described below under the heading'Transfer of Rights in the Propclty." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sutras due under this Security Instruntcnt, plus interest. (1) "Riders" means all Riders to this Security Instrument that arc executed by Borrower. The following Riders are to be executed by Borrower (cltcck box as applicable]: ^ Adjustable Rate Rider ^ Condominium Rider ^ Second Hame Rider ^ Balloon Rider ^ Planned Unit Development Rider ^ Other(s) [specify] ^ I-4 Family Rider ^ BiwecklyPeymcntRider (J) "Applicable L.aw" means all controllingg applicable federal, state and local statutes, regulations, ordinances and administruUVC rules and orders {that have the clTectof taw) as well as all apppplicable final, non-appealable judicial opinions. (K) "Conrntunity Association Ducs, Fees, rand Assessments" means all dues, foes, assessments and othercharges thatare imposed on Bortowcr or the Propcdy by a condominium association, homeowners association or similar organlzauon. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated bycheck, draft, orsimilaz paper instmntcnt, which is initiated through an elcctranic tcnninal, telephonic instrument, computer, or magnetic Pape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but Is not limited to, point-ot=sale hansfers, automated teller machine transactions, transfers initiated by telephone, wire vans~rs, and autolrlated clearinghouse transfers. (M) "Escrow items" means those items that ere described in Section 3. (N) "Mlscclloncous Proceeds" means any compensation, settlement, award ofdamages, orproceeds paid byanythird party (other than insurance proceeds paid'under the coverages described in Section 5} for: (t) damage to, or destruction of, the Properly, (ii) condemnation or otltcr taking of all or any paA of the Property; (iii) conveyance In lieu of condemnation; ar (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (O) "Mortgage Insurance" mcaus insurance protecting Lcndcr against the non)raymcnt of, or default on, the Loan. (P) "Periodic Payment" means file tcg,llarly scheduled amount due for (i) principal and interest under the Note, plus (ii} any amounts under Saaion 3 of this Security Instrument. NEURA3 KA-Single Family-Fannie MadFreddle Mac UNIFORM INSTRUMENT (MGRS) Form J018 flat (pagr / of8 poget) 12479.CV (11/07) 901520 Crnnva Thinking, Inc. Return't'o: Charter West Natlanal Bank 710 N Dlers Avenue Suite M Grand [aloud, NE 68803 o(aao7o,ro> i' ~~ , 1 Y; 1'~:: ['. ' r c: ' l5 ~oo8oi5o (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. X2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as theymight be amended from time to nme, or any additional or successor le~rslatron or rcgtflation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to al] requtrcments and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in t merest of Borrower" means any party that has taken title to the Property, whether or not that partyhaa assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFGR OF RIGHTS iN THE PROPERTY The bcneficiaryofthis Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender. , (i) the repayment of the Loan, and all renewals, extensions and modificationsof the Notc; and (ii) the performance of Borrower's covenants and agreements wtdcr this Security Instrument and the Note. For this purpose, Borrower irrevocablygiants end conveys toTrustec, in trust, with power of sale, the following described property located in the County of Adams [Type of Recording Jurisdiction]. [Nmne of Recording Jurisdiction] ' Lot 3, Block 2, ~Veslbrook Village 7th Subdivision, City of Hastings, Adams County, Nebraska. , which currcntlyltas the address o(5909 W 17th St [Street] Juniata ,Ncbraska68955 ("PrapcrtyAddress"): [City] [Zip Codc] TOGETHER WITH all the improvements now or hcreaRer erected on the property and all casements, appurtcnonccs, and fixtures now or hcreaRer a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to rn this Security Instrument as the "PropeRy." Borrower understands and agrees that MERS holds only Icgal title to the interests granted by Bonower in this Security nt, bud if accessary to comply with law or custom, MERS (as nontinec for Lender and Lender's successors and assigns) has the right: to czercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and W take any action required of Lender including, but not limited to, releasing and canceling this Security Instmment. BORROWER COVENANTS that Borrower is lawfullyseised of the estate hereby conveyed end has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TFiIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute o uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow [lams, Prepayment Charges, and Late Charges. Borrowershall 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 Instrument shall be made m U.S. currency. However, if any check or other instrument received by Lender as payntcnt under the Note or this Security Instrument is renlrncd to Lender unpaid, Lender may reywire that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured bya federal agency, insttumenwliry, or entity, or (tl) Elcctrwtic Funds Transfer. Payments arc deemed received by Lender when received at the location desi~7ated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section I5. Lender may return any paylncnt or partial payment if the payment ar partial payments ere insufficient to bring the'Loan current. Lender may accept NEnRASKA-Singlo Family-F~onie J1.dFreddle Ate UNIFOIL\I 1NSTRUNENT (~fER6) Farm ]020 1/0i (pwge 3 afB paYtaJ 17A79.CV (11/07) 901520 ~ Creative Thlnking, Inc. 7.~r`0~~t1'y(e~OI't)/111' ~ / t l y} C l.4t ~. f ~g ~;~ i` 20080150 any Payment or partial payment insufficient to bring the Loan current, without waiver of anyrights hereunder or prejudice to its nghis to refuse such payment or partial payments m the future, but Lender is not obligated to apply such payments at the time such payments arc accepted. If each Penodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapphcd funds. Lender may hold such unapplied funds until Borrower makGS payment to bring the Loan currett~ if Borrower does not do so within a reasonable period of time, Lcndcr 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 immediately pprior to foreclosure. No offset or claim which Bonower might have now or in the Cuture against Lender shall relieve Bonower Crom making Payments due under the Notc and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, ell payments accepted and applied byy Lender shall be applied in the following order of priority: (a) interest due under the Note; prindpal due under the Note; (c amounts due under Section 3. Such payments shall be applied to each Periodic Payment m the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender rcecivcs a payment from Borrower for a delinquent Penodic Payment which includes a sufficient amount [o pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Penodic Papncnt is outstanding, Lcndcr 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 m full. To the extent that anycxecss exists after the payment is applied to the full payment of one or more Penodic Payments, such excess maybe applied to anylate chazges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. - Any apphcatien ofpayments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shalt not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrowltems. BonowcrshallpaytoLenderondtcdayPcnodiePa tsarediuundertheNote, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: a) taxes and assessments and other items which can attain priority over this Sccunty Jnstrumcnt as a lien or encumbrance on flit Property, (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required byy Lenderunder Section 5; and (d) Mortgage Insurance premiums, dany, or any sums payble by Bonower to Lender m lieu ofthe payment ofMortgagc Insurance prcmrunts m accordance with the provisions of Section 10. These items are called "Escrow Items" At origination or at any time during the term of the Loan, Lender may require that Conununiry Association Dues, Fees, and Assessments, if any, be escrowed by Bonower, and such dues, fees and assessments shall be an Escrow Item. Bonower shall promptly furnish to Lcndcr all notices of amounts to be paid under this Section. Bonower shall pay Lender the Funds for Escrow Items unless Lendor waives Borrower's obligation to ay the Funds for any or all Escrow Items. Lender maywaive Bonower's obligation to pay to Lcndcr Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall ppaydirectly, when end where payable, the amounts due far any Escrow Items for which payment of Funds has been waived by Lander and, if Lender requires, shall Furnish to Lender receipts evidencing such payment within such time period as Lcndcr may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenantand agreement" is used in Section 9. ICBonower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borcower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pa such amount and Bonower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to andor all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Bonower shall pay to Lender all Funds, and in such amounts, that are then reqwired under this Section 3. Lender may, at anyy lime, collect and hold Funds in an amount (a) su(Ticicnt to permit Lender to apply the Funds at the tune specified under RESPA, and (b) not to excced the maximum amount a lender can require under RESPA. Lender shat l estimate the amount of Funds due on the basis of cuncnt data and reasonable estimates ofexpenditures of future Escrow Items orothcnvise in accordance with Applicable Law. •~ The Funds shall be held in an institution whose deposits are insured by a federal agency, instmmentality, or entity (including Lender, if Lcndcr is an institution whose deposits are so insured) or in any Federal Homc Loan Bank Lendcrsha l apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Bonower for holding and applpng the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lcndcr pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law regwires interest to be paid on the Funds, Lender shall not be required to payBortower any interest or carvings on the Funds. Bonower and Lcndcr can agree in writing however, that interest shall be aid on the Funds, Lender Shall give to Borrower, without charge, an annual accounting oE'thc Funds as required by RESPA. If there is a surplus of Punds held in escrow, es defined under RESPA, Lcndcr shall account to Bonower for the excess Rinds in accordance will[ RESPA. If Ihcre is a shortage of Funds held in escrow, as dcfincd under RESPA, Lender shall notify Bonower as required by RESPA, and Bonower shall pay to Lender the amount necessary to make up flit shortage in acwrdancc with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in rscrow, as dcfincd under RESPA, Lender shall notifyBonower as required by RESPA, and Bonower shall payto Lcndcr the antaunt necessary to make «p the deficiency in accordance with RESPA, but rn no more than 12 monthlypayments. Upon papnent in fullof all sums secured by this Security Instrument, Lender shell promptly refund to Borrowerany Funds Itcld by Lcndcr. 4. Charges; Liens. Bonower shall payall taxes, assessments, charges, fines, and impositions attributable to the Propcrtywhich can attain priorityover this Securely Inslnimcnt, leasehold payments or ground rents on the Property, ifany, and Community Association Duos, Fees, and Assessments, ifany. To the extent that these nettu are Escrow Items, Bonower shall pay them in Ilia manner provided in Section 3. Bonower shall promptlydischarge any lien which has priorityover this Security Instnment unless Borrower: (a) agrees in writing to the payment of the oblr anon secured bythc lien in a manner acceptable to Lender, but only so Jong 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 in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings arc concluded; or (c secures from the holder of the lien an agreement satisfactory to Lcndcr subordinating the lien to [his Security Instrument. If Lender dctcnnines that any part ofthe Propertyy is subject to a lien which can attain priority over this Security Instrument, Lender ma give Bonower a notice identifying the lien. Within l0 days oFthe date on whic[t that notice is given, Bonower shall satisfy the lien or take one or more of the actions set fonlt about in this Section 4. Lender may require Bonower to pay aone-lime charge for a real estate lax verification and/or reporting service used by Lcndcr in connection with this Loan. 5. Propertylnsurance. BonowcrshaltkccptheimprovcmentsnowcxistingorhereaflererectedontheProperty insured against loss by fire, hazards included within the term "extettdcd coverage," and any other hazards including, bu[ not limited to, earthquakes and (]Dods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lcndcr requires. What Lender requires pursuant to the preceding sentences can change durin~ the term of the Loan. The insurance carrier providing the insurance shall 6e chosen by Bonower subject to Lender s right to disapprove Bonower's choice, which right shall not be exercised unreasonably. Lcndcr may require Bonower to Pay, in connection with this Loan, either: (a) a one-time charge for Flood zone detcnninalion, certification and tracking services; or {b) a one-time charge for flood zouc determination and certification services and subsequent charges cacti time remappings or similar changes occur which reasonably might affect such NEBRASKA~inglc Family-Fuonle MselFreddie alu UNIFQRM INSTRUMENT (HERS) Form )028 1/01 (page J oj8 pager) 12479.CV (11/07) 901570 Crertmve Thlaking, Inc. corgooo7tbea) -+f"- V 3~B t'ri, r• r. l~~ .i t r {~ t i+ ~v. `1`; Ly ;. ~oo8oi5o determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of anyflood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's oP~ion and Borrower's expenses Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shill cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coveragge than was previously in effect. Borrower acknowledges that dlc cost of the insurance coverage so obtained might sip~rtificandy exceed the cost of insurance that Borrower could have obtaated. Any amounts disbursed by Lender underthis Secaoit S shall become additional debt of Borrower secured bythis Security InatronJCnt. These amounts shall bear interest et the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lcndcr and renewals of such.policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortggage clause, and shall name Lender es mortgagee and/or as an additional loss payee. Lcndcr shall have the right to hold the policies end renewal certificate's. If Lender requires, Borrower shall promptly give to Lcndcr ell receipts of paid premiums and renewal notices. [f Borrower obtains any fomr of instltancc coverage, not otherwise required by Lender, for dantege to, or destruction of, the Property, such policy shall include a standard mortgage clause end shall name Lcndcr as mongagee and/or as an additional loss payee. ]n the event of loss, Borrower shall give prompt notlcc to the insurance carrier and Lender. Lender maymake proof of loss if not made promptlybyBorrower. Unless Lender and Borrower otherwise agree in writing, anyinsurance proceeds, whether or not the undcrlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lendei s security is not lessened. During such repair and restoration PPeriod, Lender shall have the ri~ltt to hold such insurance proceeds until Lender has had an opportuntty.•to inspect such Aropcrty to cnsuro the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptlly. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurarlcc proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such proceeds. Fees for ptl6lic adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obli~auon of Borrower [f the restoration or repair is not economically feasible or Lender's security would be lessened, tlJC Insurance procccds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall 6e applied In the order provided for in Section 2. if Borrower abandons the Property, Lender may file, negotiate and settle anyavailable insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carricrhas oBered to scale a claim, then Lender may negotiate and settle the claim. The 30~iay period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, rind (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance politics covering the Property, insofar as such rights arc apphcablc to the coverage of the Property. Lender may use the insurance procccds either to repair Gr restore the Properly 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 residencewithin 60 days alter the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residcncc for at least one year aRcr the date of occupancy, unless Lender otltenvisc agrces in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which arc beyond Borrower's control .7. Preservation, Maintenance and Protection of the Property; inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on tlic Property. Whether or not Borrower is raiding in the Property, Borrower shall maintain the Property In order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or rrstoration is not economically fcaslble, Borrower shall promptly repair the Property ifdamaged to avoid funlicr dctcnoration or damage. if insurance or condemnation proceeds are paid in connection with damage to, or the taking oF, the Property, Borrower shall be epsponsiblc for repairing or restoring the Property only if Lender has released prceceds fur such purposes. Lender may disburse pproceeds for the repairs and restoration m a single payment or in a series of progress paymcuts as the work is completed. if the insurance or condemnation 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. Lcndcr or its agent may make reasonable entries upon and inspcctlons of the Property. if it has reasonable cause, Lcndcr may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. . 8. Borrower's LAen Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities achnp at the direction of Borrower or with Borrower's knowledge or consent gave materially false, nuslcading, or inaccurate mfonnation or statements to Lender (or failed to provide Lcndcr with material information) in conncdion wrth the Loan. Material rcprescntations include, but arc not limited to, rcprescntations concerning Borrower's occupancy of the Property as Borrower's principal residcnce. 9. Protection of Lender's Interest in the Properly and Rights Under this Security Instrument. If (a) Borrower fails [o perform the covenants and agrcements contained in this Security Instrument, (b) there is a legal procccding that might significantly effect Lender's interest in the Property and/or rights under this SecuntyIttstnunent (such as a procccding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a litn which may attain Priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do nltd pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Sccurlty lnstrurnent, Including protecting and/or assessing flit value of the Propcity, and securing and/or repairing the Property. Lender's actions can include, but arc not limited to: (a) paying any sums secured by a lien which has priority over this Security Instnunent; (b) appcadng in court; and (c) paying reasonable attorneys' Cecs to protect its interest m the Property antUor rights under this Scantily Instrument, including its secured position in a bankruptcy procccding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, rc lace or board up doors and windows, drain water from pipes, eliminate building or othcrcode viola4ons ordangerous conditions, and have utilities fumed on or off. Although Lender ma take action under this Section 9, Lender does not have to do so and is not underany duty or obligation to do so. It is agreed that Lender incurs no liability Cor not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lcndcr under this Section 9 shall become additional debt of Borrower secured by this Security InstnmJCnt. These amounts shall bear interest at the Notc rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. I f this Security Instrument is on a leasehold, Borrower shall comply with all the provisions ofthe lease. If Borrower acquires fcc title to the Property, the leasehold and the fce title shall not mange unless Lcndcr agrees to Utc merger in writing. l0. i~1ortgage Insurance. if Lcndcr required Mongago Insurance es a condition of making the Loan, Borrower shall pay die prcmntnrs required to maintain the Mongage Insurance in effect. If, for any reason, the Mortgage Insurance coverage regwred by Lcndcr ceases to be available from the mortgage insurer that previously provided such N EB nASKA-Single Family-Fanole A1adRreddle \lac UNIFOIL~1 INSTRUi\f ENT (i•fERS) Rorm J028 1/01 (page 4 oJ8 pager) 12439.CV (11107) 901520 Creative Thlnkrng, toe. GOTG(00070aeD) ,y,~ 9 i' ~- A ~ ~ r.: ji 2oo8oi~o insurance and Bortowcr was required to make separately designated payments toward the Premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially cquivalcnt to the cost to Borrower of the Mortgage [nsurnnce previously in effect, from an altcmate mortgage insurer selected by Lender. ICsubstantially cquivalcnt Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lcndcr the amount of the separatclydesignated payments drat weredue when the insurance coverage ceased to be in a cct. Lcndcr will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage 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 Borrower any interest or earnings on such loss reserve. Lender can no longer rcyuirc loss reserve payments if Mortgage Insurance coveragge (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage insurance. If Lender required Mortgage Insurance as a condition ofmakmg the Loan and Bortowcr was required to make separately designated payments toward the premiums for Mortga a Insurance, Borrower shall pay the prcmtums required to maintain Mortgage Insurance in [:Elect, or to provide anon-refundable loss reserve, until. Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lcndcr providing for such tertmnation or until termination is required byApphcable Law. Nothing in this Section l0 affects Borrower's obligation to pa interest at the rate provided in the Note. Mortgage Insurance reimburses Lcndcr (or any entity that purchases the Note) for certain losses it may incur if Borcowcr dots not repay the Lonn as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage Insurers cvaluatc their total risk on all such insurance in force from time to time, and may toter into agreements with other parties that share or modify dtcir risk, or reduce losses. These agrccmcnts are on terms and conditions that arc satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These aggreeincnts may reqquire the mortgage insurer to make pa cots using tiny source of funds that the mortgage insurer may.have available (wluch may include funds obtained from Mortgage Insurance premiums). As a result of these agrcemenLq, Lcndcr, any ppurchaser of the note, another insurer, any reinsurer, any other entity, or affiliate of any of the foregoing, may receive (d"vectly or indirectly) amounts that derive from (or might be characterized as) a portion of Borcower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortga&e insurer's risk, or reducing losses. Ifsuch agreement provided that an affiliate of Lender takes a share of the insurer's risk m exchange for a share of the premiums paid to the insurer, the arrangement is often tanned "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for M1fortgage [nsurnnce, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has- ifany -with respect to the Mortgage Insurance under the Homeowners Prolectfon Acl of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terrninaled automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at Ilse time of such cancelldtion or termination. 11. Assignment of Miscellaneous Proceeds;Forfeiture. All MiscellaneousProcecdsareherebyassignedinand shall be paid to Lcndcr. if the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration orrepair of the Property, if dtc restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restorahon pperiod, Lender shall have the right to hold such Miscellaneous Proceeds until Lcndcr 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 mny~ Pay for the repairs and restoration in a single disbursement or in a series ofprogress payments es the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be aid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall 6e applied to the sums secured byy this Security Instrument, whether or not then due, with the excess, ifany, paid to 8orcowcr. Such Miscellaneous Proccecis shall be epplred in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to die sums secured by this Security ]nstrument, whether or not then due, with the excess, ifany, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immcdiatcly before the partial raking, destruction, or loss in value is equal to ar greater than the amount ofthe stuns sccurcd by dtis Sccunty Instnimcnt immediately before dtc artist taking, dcstmetion, or loss in value, unless Borrower and Lcndcr otherwise agree in writing, the sums sccurcd by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured irnmediatelybeforethe partial taking, destnrction, or toss in vaiuc divided by(b) the fair market vettie ofthe Property immcdiat~lybefore thepartial taking, dcstiscuon, or loss in value. Anybalancc shall be paid to Borrower. ' In the event of a partial taking, destruction, or loss m vaiuc of the Propperty in which the fair market value of the Property immediatelyy before the partial taking, destruction, or loss in value is lessthan the amount of the sums secured immcdiatcly before the partial taking, destruction, or loss in valuo, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Prceeeds shall be applied to the sums sccurcd by this Security Instnuncntwhether attar the sums arc then due. if the Property is nbandoncd by Bortowcr, or if, after notice by Lender to Borrower that the Opposing Patty (as defined in die next scntcncc) offers to make an award to settle a claim for damnges, Borrower fails to respond to Lender within ]0 days after the date the notice is given, Lcndcr is authorized to collect and apply the Miscellaneous Proceeds either to restomtion or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Part' ntcans the third party that owes Bortowcr Miscellaneous Proceeds or the partyagainst whom Borrower has a right of action in regard to Miscellaneous Proceeds. Bortowcr shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture ofthc Propertyorother material impairmem of Lender's interest in the Propertyorriglils under this Security Instrument. Boaowcr con cure such a default and, ifacceleration has occurred, reinstate as provided m Section 19, bycausing the action or procccdin to be dismissed with a ruling that, in Lcndcr's judgment, precludes forfeiture of the Property or other material impainncnt of Lender's interest in the Property or rights under this Security Instniment. The pproceeds of any award or claim for damages that arc attributable to the impainncnt of Lender's interest in the Property arc hereby asstgncd and shall be paid to Lender. All Miscellaneous Proceeds that arc not applied to restoration orrepair of the PropeRyshall be applied in theorder provided Eor in Section 2. !2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modificationofamortizalionofdtesumssecuredbythisSecuritylnstntmentgrantedbyLendertoBorroweroran Successor in lntcrest of Borrower shall not operate to release the liability of Bortowcr ar any Successors in Interest otyBorcower. Lcndcr steal l not be required [o conunencc proceedinggs against any Successor in Interest of Borrower or to refuse to extend time forpapnent or otherwise modifynmortization ofthe sums sccurcd bythis Security Instument byreason ofanydcrnand madcbylhcoriginalBortoweroranySucccssorsin[ntcrestofBorrowcr. Any forbearance by Lendermexercisingenyright or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or,Successors in lntcrest of Borrower or in amounts less than die amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. NEaIteJSKA~inglcFamily-F~nnleMor/FreddteALeUN1FOR,tlINSTAUMENT (b1EXS) FormJ828 I/01 (page~oj8pages) 120J9.CV (ti/o7) 901520 Crutlve Thlnkln8, Inc. carotoooto.eo) ~~ f4~r D qM1 N t~ •F~i. .. ~L h~ 20080150 l3. Joint and Several Liability Co-signers; Successors and Assigns Bound. Borrowercovenants and agrees That Borrower's obligations and liability shall be loin[ and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'"): (a) is co-signing this Security Instrument only to monggaage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrumcng (b) is no[ personallyobligated to pay the Burns secured by this Security Instrument; and (c) aggrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the lernts of this Security lnstnunent orthe Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and bericfits under this Security Instnunent. Borrower shall not be released from •Bortower's obligations and liability under this Security Instniment unless Lender agrees to such release in writing. The covenants and agrccmcnts of this Security Instrument shall bind (except es provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lendci s interest in the Propsrty and rights under this Security [nstnuncnt, including, but not limited to, attomcys' fccs, property inspection end valuation fees. ]n regard to any oiler fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on rite charging of such ice. Lender may not charge fccs that are expressly prohibited by this Security Instrument or by Applicable Law. •~ [f the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so.that the inicrest or other loan charges collected or to be collected in connection with the Loan exceed the permitted louts; then: (a) anysuch loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any stuns alrcadycollcctcd from Borrower which exceeded permitted limits will be refunded to Bortower; Iendttmaychoose to make this refund by reducing Ute principal owed under the Notc or by making a direct payment to Borrower, If arefund reduces principal, the reduction will be treated as a partial prepayment without anyprepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance ofanysuch refund made bydirect paymcnttoBorrowerwill constitute a waiver of any right of acuop Bortower might have arising out of such overcharge. 15. Notices. All notices giv n by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shat) be deemed to have been given to Bortower when mailed by first class mail or when actuallydeliveredtoBortawer'snoticeaddressifsentbyothermeans. Notice to any one Bortowcr shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Bortowcr's change of address. if Lender specifies a procedure for reporting Borrower's change of address, then Borrower shat l onlyy report a change of address through that specified procedure. There may be only one designated notice address under this Sccunty Instrument at any one time. Any nonce to Lender shall be given by delivering it or by mailing it byy first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Anynotice in connection with this Security Instrument shall not be deemed to have been given to Lcndcr until actually received by Lender. if any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Lnw; Severablllty; Rules of Constructlan. This Security Instrument shad be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements end limitations of Applicable Law. Applicable Law might explicitlyor. implicitly allow the panics to agree bycontrect or it might be Silent, but such silence shall not be constnied as a prohibition against agreement by contract. in the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrtunent or the Note which can be given effect without the conflicting provision. •' As used in this Sccunty Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "Inay' gives sole discretion without any obligation to take any action. t 7. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Properly or a Seneficial Interest irr Borrower. As used in this Section I8, "Interest in the Propcny" means any legal or beneficial interest in the Properly, including, but not limited to, those beneficial interests transferred in a bond for dcecJ, contract Cor deed, installment sales contract or escrow agreement, the intent of which is the tiarisfcr of title by Borrower at a future date to a purchaser. 1 f all Oran part of stir Property or anY Interest in the Property is sold or transferred (or if Borrower is not a natural person and a bcnefYcial interest in Borrower is sold or transferred) without Lender's Prior written consent, Lender may require in»ncdiatc payntent in full of all Bunn secured byy this Security Instrument. However, this option shall not be exercised by Lcndcr ifsuch exercise is prohibited byAppliceble Law. I f Lcndcr exercises this option, Lcndcr shall give Borrower notice of acceleration. The notice shall provide a period of not Icss than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must payall sums secured by this Security Instmmcnt. If Borrower fails to paythese sums prior [o the expiration of this period, Lender may invoke any remedies pcmtiucd by this Security Instrument without further notice or demand an Borcower. 19. Borrower's Right to Reinstate After Acceleration. ifBorrower meets certain conditions, Borrower shall have the right to have cnforeement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Propeny )tursuant to any power of sale contained in this Sccunty InstmmenC, (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entryofayudgmentcnforcing [his Security Instmmcnt. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrulncnt and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pa all expenses incwraf in enforcing this Security Instmmcnt including, but not limited to, reasonable attomcys' fees, property inspection and valuation fccs, and other fccs incunc~ for the purpose of protecting Lcndcr's interest in the Property and tights under this Security tnstrumcnt; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Sccnrity Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchmtged. Lender may require that Borrower pay such reins[atemenl sums and expenses m one or more of the following forms, as selected by Lcndcr. (a cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's cheek, provided any such cheek is drown upon an instihition whose deposits are insured by a federal agency, instnimcntality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Sccunty lnstrutncnt and obligations secured hereby shall remain fully effective as ifno acceleration had occurred. However, this right to rcinstalc shall not apply in the case of accelcmtion under Section l8. 20. Sale trf Nate; Change of Loan Services Notice of Grievance. The Nate or a partial interest in the Notc (togc(her with this Sccuritylnstnuncnt~ can be sold one or more times without prior notice to Borrower. A sale might result In a cliangc in dtc entity (known as the 'Loan Services') that collects Periodic Payments due under the Note and this Security Instmmcnt and performs other mortgage loan servicing obligations under the Nate, this Security Instrument, and A plicable Law. There also might be oitc or more changes of the Loan Scrviccr unrelated to a sale of the Note. If there is a cliangc of file Loan Scrviccr, Borrower will be given written notice of the change which will state the name and address of the new 7VN:mRASKA-Single Fomity-Fannie Mitc/Frtddte liar llNIRORM INS'rAUAIENT (~[ERS) Form 7018 1/al (page6of8pages) 12979.CV (I I/07) 901320 Creetlve Thlnkin8, loc. ro(ooo7arol `~---~. tP °~ A F r.y;: ~F ' tr 1. 3 200$0.50 Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Notc is sold and thercaRer the Loan is serviced by a Loan Servicer other than the purchaser of ilia Note, the mortgage loan servicing obligations [o Borrower will remain with the Loan Servicer or be transferred to a successor Loan Serwccr and arc not assumed by the Note purchaser unless otherwise provided bythe Note purchaser. Neither Borrower nor Lender may commence, join, or be~oined to any judicial action (as,cither an individual litigant or the member of a class) that arises from the other party's actions pursuant to dtis Security Tnstrumentorthatallcges that lire other party has breached ariy provision of, or any duty owed by reason of, this Secttnty Instrument, until such Borrower or Lcndcr has notified the other party (with such notice given in compliance with the requirements of Section I S) of such alleged breach and afforded the other Party hereto a reasonable pcnod aRer the giving of such notice to take corrective action. If Applicable Law provides a 4me period which must elapse before certain action can be taken, that time period will be deentcd to be reasonable for purposes of this paragraph. Tltc notice of acceleration end opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Sechon l8 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. 1{azardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic orhazardoris substances, pollutants, or wastes by Envimnmcntal iBw and the fnllnwingsulxtances: gasoline, kerosene, other Ilatriinable or toxic prttoleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any res~ronse action,, remedial action, or removal acaon, as defined in Environmental Law; and (d) an "Environlncntal Condition means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or pelTnit the presence use, disposal, storage, or release of any Hazardous Substances, or threaten to relrasc any Fazardous Substances, on or m; I~te Propperty. Borrower shall not do, nor allow anyone else to do, anything affceting the Property (a) That is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a 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 Substancca that arc generally recognized to be appropriate to normal residential uses and to maintcnancc of the Proppecrty (including, but not limited to, hazazdous substances m consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govcmmental or regulatory agency or private party involving the Property and any Hazardous Substance'or Environmental Lawofwhic Borrower has actual knowledge, (b)anyEnvironmentalConditios,includingbutnotlimitedto, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused bythe presence, use or rotcasc of a FIazazdous Substance which adversclyaffects the value of the Property. If Borrower teams, or is notified by any govcntmcntal or regulatory authority, or any private patty, that any removal or other rcmediation of any Hazardous Substance affecting the Property is necessary, Borcower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create enyobligation on Lender for an Enviromnental 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 ur agreement in this Security Instrument (but not prier to acceleration under Section 18 unless Applicable Law provides othertvlse). 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 ilia default must be cured; and (d) that [allure to cure the default on or before the date specified In file notice may result In acceleration of the sums aecured by this Security Inatrument and axle of the Property. The notice shall further inform Borrower of ilia right to reinstate after acceleration and the right to bring n court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the dates eci(ted In the notice, Lender at its option may require Immediate payment to full of all sums secured by Ihls Security Instrument without further demand and ma Invoke the power of sate and'any other remedies permitted by Applicable Law. Lender shell be entitled to collect all expenses incurred In pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 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 Lawto Borratver and to the other persons prescribed by Applicable Law. After the lime required by Applicable Law,Trustee shall give pubBc notice of sale to the persons and in the manner prescribed by Applicable Lsty. Trustee, nilhout demand on Burrower, shall sell ilia Property at public suction to the highest bidder at the time and place and under the terms designated En the notice of sale in one or more parcels and in any order 9'rustee determines. Trustee may postpone sale of all or any parcel of the Properly by public announcement at the time and place of any previously scheduled safe. Lender or its designee rrray purchase the Propertyy at any sale. Upon receipt of payment of ilia price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be ptims facie evidence of the truth of the statements made therein. Trustee stroll apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power o[ sale, and ilia 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 Ittis Security Instrument; and (c) any excess to the pparson or persons legally entitled to 1t. 23. Reconveyancc. UponpnymentofallstmtssccurcdbythisSecuritylnshwttent,LendershallrequestTrusteeto re-convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instniment to Trustee. Trustee shall rcconvey the Property without warranty to the person or persons leggally entitled to d. Such person or persons shall pay any rcwrdauon casts. Lender may charge such person or persons a fee forreconveying the Property, but only if the tot: is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Tnistcc appointed hereunder by an instruntcnt recorded in the county in which this Secunty [nstmment is recorded. Without cunveyancc of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Tnistcc herein and by Applicable Law. 25. Request (or Notices. Borrower requests that topics of the notice of default and sale be sentto Borrower's address which is the PropcrtyAddress. NEURASKA~ingle Fomily-Fannie Ma/Freddtr Mac UNIFORM INSTRUMENT (~tERS) Form 7o2B 1/0l (page 7 oJe pages) 129J9.C4 (I1/D7) 9n1530 ~ Creallvt ThlnklnB, Inc. GOTO(00070eea) ~fz-~~- 70~ U f 'l X. t;ri: FF r 4; k~` r 4 i '1 t`. 4 ~~ {` a' ~. 20080150 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instnuncnt and in any Rider executed by Borrower and recorded with it. Witnesses: • ~ ~ (Seal) 9o~rowe. ~ (Seal) Bortowcr [Space Below This Line For Acknowledgment) STATE OF Nebraska ) ss: COUNTY OF Adams ) !~ Roberta L. Recd , a Notary Public in and for said county and state, do hereby certify that Neath R Mledv and Cynthia J Mlady husband and wife personally appeared before me and is (arc) known to me to be the person(s) who, being infomtcd of the contents of the foregoing instrument, have executed same, end acknowledged said instrument to 6e their , free and voluntaryact (his, her, their) and decd that they executed said instrument for the purposes and uses thcroin set forth. (hc,shc,thcy) Witness my hand end official seal this 11th day of Januar 2008 Co nn issiotZ Ex°i • 07/3012010 t 2 GENEflAI NOTARY - Slate of Nebraska pM ROl3ERTA L. REED !' ea!) ~?-`z . =- My Camm. Exp. July 30, 2010 obert L. Reed This instrument was prepared by. i NEURASKA-Single Fmnily-Fannie MadFreddte Mac UNfFORM IIVSTRUM 6NT (a7 ERS) Form 7028 1/Ot (pegs d oj6 pogo) 121)9.CV (1l/a7) 901520 Creatlva ThlnWnB, hK. coro(eoo~a.o> ~a~ 8 f ' r ~, i • r ,} ~f 1? ~„ I,; +'' it . r }~ 5'