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HomeMy WebLinkAbout20081109NUM PGS_. L - DOC TAX CK#__,... FEESr~~.(LPD~SSo CK~ aai~ CHG ACCT# RET FEES: CASH~R.O.D. CK~~.._. RETURN r _ ~I/~x~~ ~Or7 ~~ .~G G ~~ ~,z 70 DEFINITIONS I~~~d~IMI!119'~N~~IU~II!'Uili~i-I! ADAMS COUNTY, NE FILED INST. NO ~ ~ U 9 NUM ~~,~/~..~ ~~PeL /~~~L RD. COMP .X ~ ~'~? COMPARE ~ CADAS - AO ~ [Space Above This Line For Recording Data] DEED OF TRUST Date ~~,~ Tim ' ' ~ ~1 S~ U REGISTER OF DEEDS Words used ]u multiple sections of this docutneut are defined below and other words are defined ]u Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used iii this docuuteut are also provided iu Sectiou 16. (A) "Security Instrument" means this docwueut, which is dated .. . .............. . ......93;1~;?00@, , , • , , , , , , , , .. , , • .... , , • , , , , ,, together with all Riders to this docwueut. (B) "Borrower" is JE;fFREY yy., GAIVGWISH. A.NO.TA.MI H•.QA.NO!NI~N,.HUseAt•I,o ANP. WlF~ .................. .............................................. ............................................. . Borrower is the trustor under this Security Instruuteut. (C) "Lender" is BANK OF ~ONIp,F{AN , , , , , , , , Lender is a .GDR?ORATIQN...... ........................................ • . ~ • • • • .. • ~ ... • • • ~ ~ • • ~ ~ ~ ~ • • • • ~ • ~ , organized and existing under ............ ......................... ........ the laws of .THE STAJA pF NEQRASKA ........................................Leader's address is . P. O.OAX.2?0. A4N1?HANr.NE, se$$?:421.4...... ............................................................................................. .................................................. . Leader is the beneficiary under this Security Instrument. (ll) "Trustee" is BANK OFl10NIPHAN,P.,O,BOX,270 DONIPHAN,,NE, fi8ii32,,, ,•, (E) "Note" means the promissory note signed by Borrower and dated D3.13•,Z,OQQ, , , , , , , , , , , , , , , , , • .. • • , • • . • , .. • • ,The .................. Note states that Borrower owes Lender T9YP. Ht1NQ9ED.TWENTY.FI.v.E .T.yO]]SANO.ANA N01100 ........................................................ •••••••••••••••••••••••••••••••.•• ................ Dollars (U.S. $ .2?5,Q00,00,,,,,,,,,,,,„ ...••.,,) plus interest. Borrower ltas promised to pay this debt iu regular Periodic Payments and to pay the debt iu full not later than .....................0~: Ja•2A13..................... ....................................................... ............................................................................................ . (F) "Property" means the property that is described below under the heading "Transfer of Rights iu the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepaytneut charges and late charges due under the Note, and all sums due under this Security Instrwneut, plus interest. (H) "Riders" means all Riders to this Security Iustrunteut that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ^ Adjustable Rate Rider ^ Condomiuiutu Rider ^ Second Home Rider ® Balloon Rider ^ Plauued Uuit Development Rider ^ Other(s) [specify] ....................... ^ 1-4 Family Rider ^ Biweekly Payment Rider (I) "Applicable Law" uieaus all coutrollittg applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (.>) "Community Association Dues, Fees, and Assessments" nteaus all dues, fees, assesstneuts and other charges that are unposed ou Borrower or the Property by a condominium association, homeowners association or sunilar organization. (K) "Electronic Fwtds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or snnilar paper instrument, which is initiated through au electronic tenniual, telephonic iustrutneut, computer, or magnetic [ape so as to order, instruct, or authorize a fivaucial institution to debit or credit au account. Such teen includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described iu Sectiou 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described iu Section 5) for: (i) damage to, or destruction of, the Property; (ii) coudenluation or other taking of all or any part of the Property; (iii) conveyance iu lieu of coudeun>atiou; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means ]usurauce protecting Leudcr against the nonpayment of, or default on, the Loau. (O) "Periodic Payment" means the regularly scheduled atnouut due for (i) principal and interest under the Note, plus (ii) any ainouuts under Sectiou 3 of this Security Instrument. (I') "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its unplemeutiug regulation, Regulation X (24 C.F.R. Part 3500), as they might be uneuded from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used ]u this Security Instrunteut, "RESPA" refers to all requirements and restrictions that are hnposed in regard to a "federally related mortgage loan" even if the Loau does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Iustrwueut. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 6/17/2000 ref: t /200 ~ (page I of 7 pn8erl ~ ~ ii~iroi~ TRANSFER OF RIGHTS IN THE PROPERTY ~ ~ Q (] ~ ~ V This Security Iustruiueut secures to Leuder: (i) the repayiueut of the Loau, and all renewals, extensions and modifications of the Note; and (ii) the perforuiauce of Borrower's covenants and agreements under this Security Iustruttteut and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, iu trust, with power of sale, the following described property located iu the ........................................ ...REGIS.I:~P.OF.QF~AS................. ............. of .. ..................... [Type of Recording Jurisdiction] AgAMS.GAl1-VTY ............................................................................ [Name of Recording Jurisdiction] LOT SEVEN p), BLOCK THREE (3), FREELANO CREEK 1ST SUBDIVISION, ADAMS COUNTY, NEBRASKA which currently has the address of ......................................:.......Z10QDUAlLCORNER,,,....„.......,...:.,.,,...,.......,......,... [Street! ............................H.A$TINGS................ .........., Nebraska ................ .6,9891.................... ("Property Address") (City] [Zip Code] TOGETHER WITH all the unprovemeuts now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a par[ of the property. All replacements and additions shall also be covered by this Security Instruement. All of the foregoing is referred to to this Security Iustruiueut as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is uueucuiubered, except for eucwubrauces of record. Borrower warrants and will defend generally the title to the Property against alt claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uuifonu coveitauts for national use and uou-uniform covenants with (iuiited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest ou, the debt evidenced by the Note ati,d 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 Iustrutueut shall be made iu U.S. currency. However, if any check or other instrument received by Leuder as payment under the Note or this Security Iustriuneut is returned to Leuder unpaid, Leuder may require that any or all subsequent payments due under the Note and this Security Iustruiueut be made iu one or more of the following foilllS, as selected by Leuder: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon au institution whose deposits are insured by a federal agency, iustruiueutality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated iu the Note or at such other location as uiay be designated by Leader iu accordance with the notice provisions iu Section 15. Leuder may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loau current. Leuder may accept any payment or partial payuiettt insufficient to bring the Loau current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payuietits iu the future, but Leuder is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest ou uuapplied funds. Leuder may hold such uitapplied funds until Borrower makes payment to bring the Loau current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the No[e hmuediately prior to foreclosure. No offset or claim which Borrower inight have now or iu the future against Lender shall relieve Borrower from making payuieuts due under the Note and this Security Instrument or perfortttiug the covenants and agreeuieuts secured by this Security Iustrunteut. 2. Application of Payments or Proceeds. Except as otherwise described iu this Section 2, all payments accepted and applied by Leader shall be applied iu the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment iu the order iu which it becatue due. Any remaining amounts shall be applied first to late charges, second to any other aiuouuts 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 charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid iu full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall. be applied first to any prepayment charges and then as described iu the Note. Auy application of payments, iusurauce proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Leuder ou the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Iustrmueut as a lieu or encumbrance ou the Property; (b) leasehold payments or ground rents ou the Property, if any; (c) premiwns for any and all iusurauce required by Lender under Section 5; and (d) Mortgage Insurance prentiwns, if any, or any sums payable by Borrower to Leuder in lieu of the payment of Mortgage Insurance premiuius iu accordance with the provisions of Section 10. These items are called "Escrow Items. " At origination or at any time during the feria of the Loau, Leuder ma require that Conununity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be au Escrow Item. Borrower shall promptly furnish to Leader all notices of amounts to be paid under. this Section.-° Borrower -shail-~pay Leader the Funds for Escrow Items uiiless Leuder waives Borrower's obligation to pay the Funds for any or al~ Escrow Items. Leuder may waive Borrower's obligation to ~a~-~-i f'nrlvr.i-'rrttrlc fnr a,t r r,r ill Escrow Items at au~~thnc"'•-Auy-sudrwainer may Drily be iu writing.: Iu,tlie eveut,of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items'for'wl~ich payment of iSE~Qti611s -Itas eeu wary ii and, if Leuder tequices; ~shali `fvrtiislrto"~,-euder receipts evidencing such payment ,wi(,1] Li~~ uire. Borrower's obligation to make such payments aud~to provide s~eeipts shall for urposes be deemed to be a coveuaut and a~reemeiit' irtnitaiuezl--in this--Security Iustrwiieut, as the prase "coveuaut and 1:'.~,g!rr`~heuf "ti~~'~¢kecT""ith"~c~Ilc"Wiltrl."'Tf Borrower is o6ligatecl to pay Escrow Items directly, pur5lt• to a waiver~`l~wer NE~);/~~,lC,p, i$a~,g,,~~nlly-F~,~j,~,~,V,(,~e/Freddie Mac UNIFORM INSTRUMENT 2~~~ Bankers Systems; Inc St. Cloud MN Form MD-1-NE 8/17!2000 (pag¢ 2 of 7pageSf .. ~7i f ; .. ... _......_«.._~.. V k~" y t~ll,~~ L~~aj~y I o2of7 20081109 fails to pay the atuouut due for au Escrow Rent, Leader stay exercise its rights under Section 9 and pay such atuouut and Borrower shall then be obligated under Section 9 to repay to Lender any such ati<touut. Leader may revoke the waiver as to any or all Escrow Itetus at any tulle by a notice given iu accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and iu such atttouuts, that are then required under [his Section 3. Leader may, at any tiute, collect and (told Funds iu au atuouut (a) sufficient to pertuit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maxuuutn atuouut a leader eau require under RESPA. Lender shall estuuate the atuouut of Funds due ou the basis of current data and reasonable estuuates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held iu au ittstitutiou whose deposits are insured by a federal agency, iustrwneutality, or entity (iucludiug Lender, if Leader is au institution whose deposits are so insured) or iu any Federal Home Loau Back. Lender shall apply the Funds to pay the Escrow Itettts uo later than the tune specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Iteuts, unless Leader pays Borrower interest ou the Funds and Applicable Law penuits Leader to stake such a charge. Unless au agreement is made in writing or Applicable Law requires interest to be paid ou the Funds, Lender shall not be required to pay Borrower any interest or earnings ou the Funds. Borrower and Leader eau agree in writing, however, that interest shall be paid ou the Funds. Lender shall give to Borrower, without charge, au annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held iu escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds iu accordance wtth RESPA. If there is a shortage of Funds held iu escrow, as defined under RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the atuouut necessary to rttake up the shortage iu accordance with RESPA, but iu uo more than 12 monthly' payments. If there is a deficiency of Funds held iu escrow, as defined under RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the atuouut accessary [o make up the deficiency in accordance with RESPA, but iu uo more than 12 moutltly payments. Upon payment iu full of all starts secured by this Security Iustrutneut, Leader shall promptly refund to Borrower any Funds held Uy Leader. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and uupositious attributable to the Property which eau attain priority over this Security Iustruuteut, leasehold payments or ground rents ou the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these iteuts are Escrow Iteuts, Borrower shall pay them iu the ntauuer provided iu Section 3. Borrower shall promptly discharge arty lieu which has priority over this Security Iustrtutteut utiless Borrower: (a) agrees iu writing to the paynteut of the obligation secured by the lieu in a ntauuer acceptable to Lender, but only so long as Borrower is perfonuiug such agreement; (b) contests the lieu iu good faith by, or defends against euforcemeut of the lieu iu, legal proceedings which iu Leader's opinion operate to prevent the euforcenteut of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien au agreettteut satisfactory to Leader subordinating the lieu to this Security Iustrutueut. If Lender detenniues that any part of the Property is subject to a lien which eau attain prtority over this Security Instrutueut, Lender may give Borrower a notice identifying the lieu. Within 10 days of the date ou which that notice is given, Borrower shall satisfy the lieu or take one or more of the actions set forth above iu this Section 4. Lender may require Borrower to pay a one-tiute charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep lire itttprovemeuts now existing or hereafter erected ou the Property insured against loss by fire, hazards included within the terra "extended coverage," and any other hazards iucludiug, but not luuited to, earthquakes and floods, for w(tich Lender requires insurance, This iusurauce shall be maintained in the atnouuts (iucludiug deductible levels) and for the periods that Lender requires. What Leader requires pursuant to the preceding sentences can change during the teen of the Loau. The iusurauce carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall uo[ be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-tune charge for flood zone detenuinatiou, certification and tracking services; or (b) a one-tune charge for flood zone detenniuatiou and certification services and subsequent charges each time remappiugs or similar changes occur which reasonably aright affect such detenniuatiou or certification. Borrower shall also be responsible for the payment of any fees unposed by the Federal Emergency Management Agency Ill COnllectlOll with the review of any flood zone detenniuatiou resulting front an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender Wray obtain iusurauce coverage, at Lender's option and Borrower's expense. Lender is under uo obligation to purchase any particular type or atuouut of coverage. Therefore, such coverage shall cover Leader, Uut might or Wright not protect Borrower, Borrower's equity iu the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously iu effect. Borrower acknowledges that lire cost of the insurance coverage so obtained tttight significantly exceed the cost of iusurauce that Borrower could have obtained. Arty autouuts disbursed by Leader under this Section 5 shall becottte additional debt of Borrower secured by this Security Instrument. These amounts sltall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. 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 came Leader as mortgagee and/or as au additional loss payee. Lender shall have the right to hold the poltcies and renewal certificates. If Lender requires, Borrower shall promptly give to Leader all receipts of paid prentiwus and renewal notices. If Borrower obtains any form of iusurauce coverage, not otherwise required by Lender, for datuage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as au additional loss payee. Iu the event of loss, Borrower shall give prompt notice to the iusurauce carrier and Leader. Lender may make proof of toss if not trade promptly by Borrower. Unless Lender and Borrower otherwise agree iu writing, any iusurauce proceeds, whether or trot lire uuderlyittg iusurauce was required by Leader, shall Ue applieli to restoration or repair of lire Property, if the restoration or repair is ecottotuically feasible and Lender's security is not lessened. During such repair and restoration period, Leader shall have the right to hold such iusurauce proceeds until Leader has had an opportunity to inspect such Property to ensure the work Itas been completed to Lender's satisfaction, provided that such inspection sltall be undertaken promptly. Louder may disburse proceeds for the repairs and restoration iu a single payment or in a series of progress paynteuts as the work is completed. Unless au agreement is made iu writing or Applicable Law requires interest to be paid ou such iusurauce proceeds, Louder shall not be required to pay Borrower any interest or earnings ou such proceeds. Fees for public adjusters, or other third parties, retained Uy Borrower shall not be paid out of the iusurauce proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the iusurauce proceeds shall be applied to the sutus secured by this Security Instrument, whether or not thou due, with the excess, if any, paid to Borrower. Suclt iusurauce proceeds shall be applied itt the order provided for iu Section 2. If Borrower abandons the Property, Louder may file, negotiate and settle any available iusurauce clans and related matters. If Borrower does not respond within 30 days to a notice front Louder that the insurance carrier has offered to settle a claim, then Lender Wray negotiate and settle the claim. The 30-day period will begin when the notice is given. Iu either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Louder (a) Borrower's rights to any iusurauce proceeds iu an amount not to exceed the atnouuts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering lire Property, insofar as such rights arc applicable to the coverage of the Property. Louder tttay use lire msurauce proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Iustrwneut, whether or not thou due. G. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Iustrunteut and shall continue [o occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees iu writing, which consent shall not be unreasonably withheld, or utiless extenuating circuutstauces exist which are beyond Borrower's control. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT F i 3(OZ$/~1101 Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (p¢g¢ 3 of 7yag¢s (Y ~'~, ~~ 2UU8~1~}9 7. Presetvatiott, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or httpair the Property, allow the Property to deteriorate or coituttit waste ou the Property. Whether or trot Borrower is residing itt the Property, Borrower shall tuaiutaiu rite Property iu order to prevent the Property froth deteriorating or decreasing iu value due to its condition. Unless it is detenniued pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid is coaaectioa with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property oiily if Leader has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or is a series of progress payments as the work is completed. If the insurance or coudetuttatiou 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. Lender or its agent Wray make reasonable entries upon and iuspectidus of the Property. If it has reasonable cause, Lender tray inspect the interior of the intprovemeuts on the Property. Louder shall give Borrower notice at the tune of or prior to such au interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave inaterially false, misleading, or inaccurate iufonnatiou or statements to Lender (or failed to provide Louder with material iufonuatioa) is COllIleC[loll with the Loau. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest iu the Property and Rights Under this .Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained m this Security Iastriuneut, (b) there is a legal proceeding that Wright significantly affect Lender's interest iu the Property and/or rights under this Security Iustrwueut (such as a proceeding iu bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lieu which Wray attain priority over this Security Iastrutuent or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest iu the Property and rights under this- Security Instrunteat, including protecting and/or assessing fire value of the Property, and securing .and/or repairing the Property. Lender's actions eau include, but are not limited to: (a) paying any sums secured by a lieu which has priority over this Security Instruruent; (b) appearing is court; and (c) paying reasonable attorneys' fees to protect its interest iu the Property and/or rights under this Security Instrwueat, including its secured position iu a bankruptcy proceeding. Securing the Property includes, but is not limited to, catering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, elinriuate building or other code violations or dangerous conditions, and have utilities turned ou or off. Although Leader may take action under this Section 9, Louder does not have to do so and is not under any duty or obligation to do so. It is agreed that Leader incurs uo liability for not taking any or all actions authorized under this Section 9. Auy amounts disbursed by Louder under this Section 9 shall become additional debt of Borrower secured by this Security Iustrunreut. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Louder to Borrower requesting payment. 1f this Security instrument is ou a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge uiiless Leader agrees to the merger is writing. 10. Mortgage Insurance. If Leader required Mortgage Iusurauce as a condition of making the Loau, Borrower shall pay the premiums required to maintain the Mortgage Iusurauce iu effect. If, for any reason, the Mortgage Iusurauce coverage required by Leader ceases to be available from the mortgage insurer that previously provided such insurance sad Borrower 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 Iusurauce previously iu effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Iusurauce previously iu effect, from au alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Iusurauce coverage is not available, Borrower shall continue to pay to Louder the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a iron-refundable less reserve is lieu of Mortgage Iusurauce. Such loss reserve shall be sou-refundable, notwithstanding the fact that the Loau is; ultunately paid in full, and Lender shall trot be required to pay Borrower any interest or earnings ou such loss reserve. Lender eau ao longer require loss reserve payments if Mortgage Iusurauce coverage (in the amount and for die period that Leader requires) provided by au insurer selected by Leader again becomes available, is obtained, and Leader requires separately designated payments toward the preiuiunts for Mortgage Iusurauce. If Louder required Mortgage Iusurauce as a couditiou of making the Loau and Borrower was required to make separately designated payments toward the premiums for Mortgage Iusurauce, Borrower shall pay the premiums required to maintain Mortgage Iusurauce iu effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends iu accordance with any written agreement between Borrower and Leader providing for such tenniuatiou or until tenuiuatioa is required by Applicable Law. Nothing iu this Section 10 affects Borrower's obligation to pay interest at the rate provided iu the Note. Mortgage Iusurauce reimburses Leader (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay rite Loatt as agreed. Borrower is trot a party to rite Mortgage Iusurauce. Mortgage insurers evaluate their total risk ou all such insurance iu force front time to tune, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreeraeuts arc ou terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds [hat the mortgage insurer may have available (which may include funds obtained from Mortgage Iusurauce pretnituus). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) uuounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Iusurauce, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that au affiliate of Lender takes a share of insurer's risk iu exchange for a share of the prentiunts paid to the insurer, the arraagemeut is often termed "captive reinsurance. " Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the atnomtt Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Auy such agreements will not affect the rights Borrower has--if any--with respect to the Mortgage Iusurauce under the Ilomeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance tettniuated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Leader. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible sad Lender's security is not lessened. During such repair and restoration period, Louder shall have the right to hold such Miscellaneous Proceeds until Leader lias had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that; such inspection shall be uudertakeu promptly. Leader uiay pay for the repairs and restoration is a single disbursement or iii a series of progress payments as the work is completed. Uiiless au agreement is made iu writing or Applicable Law requires interest to be paid ou such Miscellaneous Proceeds, Leader shall not be required to pay Borrower any interest or earnings ou such Miscellaneous Proceeds. If fire 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 Iastrunteut, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaucous Proceeds shall be applied iu the order provided for iu Section 2. Ia the event of a total taking, destruction, or loss iu value of the Property, the Miscellaucous Proceeds shall be applied to the soots secured by this Security Iustrtuneat, whether or not thou due, with the excess, if any, paid to Borrower. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT rm 30 01 Bankers Systems, Inc„ St. Cloud, MN Form MD-1-NE 8/17/2000 (jx[ge 4 of 7 yagesJ ~- ~f ~ , . 2~U81109 Iu the event of a partial taking, destruction, or loss iu value of the Property iu which the fair market value of the Property hiuuediatety before the partial taking, destruction, or loss iu value is equal to or greater than the atnouut of the sutras secured by this Security Iustrutnent hmmediately before the partial taking, destruction, or loss iu value, unless Borrower and Lender otherwise agree iu writing, the sums secured by this Security Iustrmneut shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total atnouut of the sums secured uiunediately before the partial taking, destruction, or loss iu value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss iu value. Auy balance shall be paid to Borrower. Iu the event of a partial taking, destruction, or loss iu value of the Property iu which the fair market value of the Property itmttediately before the partial taking, destruction, or loss iu value is less than the atuouut of the sutras secured hnmediately before the partial taking, destruction, or loss iu value, unless Borrower and Leader otherwise agree iu writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Iustrumeut whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Leader to Borrower that the Opposing Party (as defined iu the next sentence) offers to make an award to settle a clauu for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the soots secured by this Security Iustrumeut, whether or not thou due. "Opposing Patty" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action iu regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or cruuiual, is begun that, iu Lender's judgment, could result iu forfeiture of the Property or other Ittaterial iutpairueut of Lender's interest iu the Property or rights under this Security Iustrtutteut. Borrower eau cure such a default and, if acceleration has occurred, reinstate as provided iu Section 19, by causing the action or proceeding to be distuissed with a ruling that, iu Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest iu the Property or rights under this Security Iustrutmeut. The proceeds of any award or clann for datuages that are attributable to the impairment of Lender's iute,rest iu the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied iu the order provided for iu Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or tnodificatiou of autortizatiou of the sums secured by this Security Iustrwueut granted by Leader to Borrower or any Successor iu Interest of Borrower shall not operate to release the liability of Borrower or any Successors iu Interest of Borrower. Louder. shall not be required to cotmneuce proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Iustrumeut by reason of any demand made by the original Borrower or any Successors itt Interest of Borrower. Auy forbearance by Lender iu exercising any right or retttedy iucludittg, without liutitatiou, Lender's acceptance of paytueuts front third persons, entities or Successors iu Interest of Borrower or in amounts less than the amount thou due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations attd liability shall be joint and several. However, any Borrower who co-signs this Security Iustrumeut but does not execute the Note (a "co-signer"): (a) is co-signing this Security Iustrumeut Duly to mortgage, grant and convey the co-signer's interest iu the Property under the terms of this Security Iustrumeut; (b) is not personally obligated to pay the suttts secured by this Security Instrument; and (c) agrees that Lender and any other Borrower eau agree [o extend, modify, forbear or make any accotmnodatious with regard to the terms of this Security Iustrumeut or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor iu Interest of Borrower who assumes Borrower's obligations under this Security Instrwneut iu writing, and is approved by Louder, shall obtain all of Borrower's rights and benefits under this Security Instrutttent. Borrower shall not be released from Borrower's obligations and liability under this Security Instrwuent unless Lender agrees to such release iu writing. The covenants and agreements of this Security Iustrumeut shall bind (except as provided itt Section 20) and benefit the successors and assigns of Louder. 14. Loatt Charges. Lender tnay charge Borrower fees for services perfonued iu couuectiou with Borrower's default,. for the purpose of protecting Lender's interest in the Property and rights under this Security Iustrumeut, including, but not limited to, attorlteys' fees, property inspection and valuation fees. Iu regard to any other fees, the absence of express authority in this Security Instrutneut to charge a specific fee to Borrower shall not be construed as a prohibition ou the charging of such fee. Leader may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loau is subject to a law which sets maxhnutu Loau charges, and that law is finally interpreted so that the interest or other Loau charges collected or to be collected in couuectiou with the Loau exceed the permitted !units, then: (a) any such loan charge shall be reduced by the atuouut accessary to reduce the charge to the permitted 1umit; and (b) any sutras already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without arty 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 utigltt have arisiltg out of such overcharge. 15. Notices. All notices given by Borrower or Leader iu couuectiou with this Security Iustrumeut must be iu writing. Auy notice to Borrower in couuectiou with this Security Iustrumeut shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any Due Borrower shall cotts[itute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower itas designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Leader specifies a procedure for reporting Borrower's change of address, thou Borrower shall only report a change of address through that specified procedure. There may be only Due designated notice address under this Security Iustrumeut at any Due true. Auy uottce to Leader shall be given by delivertug 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 couuectiou with this Security Iustrumeut shall not be deemed to have been given to Louder until actually received by Lender. If any notice required by this Security Iustrumeut is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrutueut. 16. Governing Law; Severability; Rules of. Construction. This Security Iustrumeut shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained iu this Security Iustrutnent are subject to any requirettteuts and lhuitations of Applicable Law. Applicable Law utigltt explicitly or uuplicitly 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. Iu the event that any provistou or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Iustrumeut or the Note which eau be given effect without the CO11f1lCtlllg prOVlsloll. As used in this Security Instrmuent: (a) words of the masculine gender shall mean and include corresponding neuter words or words of t(te fentiuiue gender; (b) words iu the singular shall nteau and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given Due copy of the Note and of this Security Iustrumeut. 18. Transfer of the Property or a BetteGcial Interest in Borrower. As used in this Section 18, "Interest iu the Property" means any legal or beneficial interest in the Property, including, but not ihnited [o, those beneficial interests transferred iu a bond for deed, contract for deed, iustalluteut sales contract or escrow agreement, the intent of which is the tra»sfer of title by Borrower at a future date to a purchaser. If all or any dart of the Property or any Interest iu the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Leader may require huntediate payment iu full of all stuns secured by this Security Iustrumeut. However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT m 3~/ Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17!2000 (png¢ 5 of 7png¢s ~~ ~oos~io~ If Lender exercises this option, Leader shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given iu accordance with Section 15 within which Borrower must pay all sums secured by this Security lustrw-teut. If Borrower fails to pay these swtts prior to the expiration of this period, Lender tmay invoke any remedies permitted by this Security Instrument without further notice or demand ou Borrower. 19. Borrower's Right to Reinstate After Acceleration. 1f Borrower meets certain conditions, Borrower shall have the right to have euforceuteut of this Security Iustrwneut discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Iustrumeut; (b) such other period as Applicable Law might specify for the tenmiuatiou of Borrower's right to reinstate; or (c) entry of a judgment enforcing [his Security Iustrumeut. Those conditions are that Borrower: (a) pays Leader all soots which then would be due under this Security Iustrumeut and the Note as if uo acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred iu enforcing this Security Iustrumeut, iucludiug, but not (united to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Leader's interest iu the Property and rights under this Security Iustrumeut; and (d) takes such action as Louder may reasonably require to assure that Leader's interest iu the Property and rights under this Security Iustrwneut, and Borrower's obligation to pay [he suits secured by this Security Iustrumeut, shall continue unchanged. Louder Wray require that Borrower pay such reiustatemeut sums and expenses is one or more of the following forms, as selected by Leader: (a) cash; (b) money order; (c) certified check, back check, treasurer's check or cashiers check, provided nay such check is drawn upon au institution whose deposits are insured by a federal agency, instrwneutality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, -this Security Iustrummeut and obligations secured hereby shall remain fully effective as if uo acceleration had occurred. However, this right to reinstate shall not apply iu the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Iustrwneut) eau be sold one or more trues without prior notice to Borrower. A sale might result iu a change iu the entity (known as the 'Loau Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage Loau servicing obligations under the Note, this Security Iustrumeut, and Applicable Law. There also Wright be one or tttore changes of the Loau Servicer u[trelated to a sale of the Note. If there is a change of the Loau Servicer, Borrower will be given written notice of the change which will state the ua[me and address of the new Loau Servicer, the address to which payments should be made and any other information RESPA requires iu connection with a notice of transfer of servicing. If the Note is sold a[td [hereafter the Loan is serviced by a Loau Servicer other than the purchaser of the Note, the uortgage Loau servicing obligations to Borrower will reutaiu with the Loau Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser u[iless otherwise provided by the Note purchaser. Neither Borrower nor Louder may contnteuce, join, or be joined to any judicial action (as either au individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Iustrumeut or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Iustrwneut, until such Borrower or Louder has notified the other party (with such notice given iu contpliauce with the requirements of Section 15) of such alleged breach and afforded the o[lter party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that three period will be deetmed to be 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 this Section 20. 21. Hazardous Substances. As used iu this Section 21. (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Euvirommeutal Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Euviro[umental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or euvirommeatal rotectiou; c "~ ~~ action, remedial action, or removal action, as defined iu Euvirommeutal Law) aid (d) aue Euviro[umeutal uCouditiouy meaussa condition that eau cause, contribute to, or otherwise [rigger au Euvirontmeutal Cleanup. Borrower shall not cause or perttit the presence, use, disposal, storage, or release of arty Hazardous Substances, or threaten to release any Hazardous Substances, ou or iu the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Buviromneutal Law, (b) which creates au Euvirommeutal Condition, or (c) which, due to the presence, use, or release of a Hazardous ~Substauce, 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 [ltat are generally recognized to be appropriate to uornal residential uses and to maiuteuance of the Property (iucludiug, but not lhmited to, hazardous substances iu consumer products). Borrower shall promptly give Louder written notice of a au any governmental or regulatory agency or private party involving the Proper y aud~auy Hazardous Substance or Euviro une ttal Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, 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 Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any gover[umental or regulatory authority, or any private party, that any removal or other remediatiou of any Hazardous Substance affecting the Property is accessary, Borrower shall promptly take all necessary remedial actions iu accordance with Euvirommeutal Law. Nothing herein shall create any obligation ou Louder for au Euvironmeutal Cleanup. NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agt•eement iu this Security Instrument (but not prior to acceleration wider Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days ti•om the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default ou or before the date specified in the notice may result in acceleration of the sums secured by this Security Iustrumeut and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date speciCed in the notice, Lender at its option may t•equire immediate payment iu -full of all scans secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred fn 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 fn each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time re aired b notice of sale to the persons and in the manner prescribed by Applicable Law. Trust ee calf] o trdemaud non Borrowers shall sell the Property at public auction to the highest bidder at the time and pace and under the terms designated in fire notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public annow-cement at the time and dace of an may purchase the Property at any sale. 1 y previously scheduled sale. Lender or its designee Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale fn the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys fees as permitted by Applicable Law; (b) to all sums secw•ed by this Security L-stru-nent; and (c) any excess to the person or persons legally entitled to it. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT m 30 /01 Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (Page 6 of 7 pager) ~ ~~ 7 ~oos~io~ 23. Iteconveyance. Upon payment of all sums secured by this Security Iustrutneut, Lender shall request Trustee to recouvey the Property and shall surrender this Security Instrtumeut and all notes evidencing debt secured by this Security Iustrmneru to Trustee. Trustee shall recouvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lcuder may charge such person or persons a fee for recouveyiug the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee. Lender,. at its option, may from tone to throe remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by au instrument recorded in the county iu which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Request for Notices. Borrower requests that copies of the notice of default and sale be scut to Borrower's address which is the Property Address. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained iu this Security Iustrutmeut and iu any Rider executed by Borrower and recorded with it. ~ r ~ ........ (Seal) -Borrower ..... ................................. (Seal) -Borrower [Space Below This Line For Acknowledgment] STATE OF NEBRASKA County of ............... ADAMS ................................. The foregoing instrument was acknowledged before me this .03;13;2008 , , ........ ...................................(date) by .I~FERI:.Y. W, GANG'n!iSH;.TA.MI A•.GAN~.WISH,.HUS.QAN.RANP. yVIF.~ ..................................... .................. ......... • • • • • • • • • • • • • . • • ......... (name of person acknowledged). My Comumissiou expires: 09.19.2010 e~rw.l!a~rRr• ..... ......... ~.. ~u~~ s ................................. .................... MIIColllrtl. .S .10,2010 JUDY . SOUKUP Notary P blic NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 Form 3028 1 /01 (Page 7 of 7 pages) 7d~