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HomeMy WebLinkAbout20081117NUM~PGS DOC TAX CK# aa ~~ ~~'' FEESy~'QPD.~~ CK#~ CHG ACCI'# I~IIIIIINIII~!IIIIIINIIIfIIf~''~V RET FEES;_.CASH___._R.O.D. CK#.._ REC'~ - Ranh o~ ,yQ~j,(,~ 'NUM f~' ~' ~ad RETURN RD. COMP ,~~ /~= Z~' '~ ~ ;? ~ ~d'~,L COMPARE / ~ Jon;~hpn N~ CADAS - AO / [Space Above This Line For Recording Data] DEED. OF TRUST DEFINITIONS ADAMS COUNTY, NE FILED INST. N0._`~.Q..Q.~{.~. ~. ~. Date 3-~ ?- OS~ Time~~Yl ~~1>~ REGISTER OF DEEDS Words used in multiple sections of this docutuent are defined below and other words are defined iu Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used iu this document are also provided in Sectiou 16. (A) "Security Instrument" means this docwneut,, which is dated ........................93;14; 20g8 , .... , . , , , . , , , , , , , . , .. , , . , , .. , together with all Riders to this docuuieut. (B) "Borrower" is A4AI~4•.Wl4~IAMSANp.p~B4BAH.$•.1NIL,i,IAMS,.yI1SBAN4.ANA!N!F~ .................................................................. ................................................................ Borrower is the trustor under this Security Instrument. (C) "Lender" is BANKOFAONIPHAN. .................................................................................. . Lender is a .G4RPQRATl4N ............................................................................... . ........... organized and existing under the laws of .TN.E; STAT,~ QF (a~gpA$KA ...................... . ..... . ............Leader's address is . P 0, QOX,27Q, ADNIPNAN,,i~E, 68QQ~;0270, , , , . , Lender is the beneficiary under this Security Iustrutneut. (D) "Trustee" is BANK OF ~ONIPHAN, P.,O, 60X,270 OONIPHAN,,NE, 68832,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , (E) "Note" means the promissory note signed by Borrower and dated 0.3•?.4.24q$ .....................................................The Note states that Borrower owes Lender hlI(agTY.TH.gUSANgT.VyAHUNgB~p.THIRT.Y.NlN~.9N.gN911pA ................................................ .................................................. Dollars (U.S. $ 90,239;OD,,,,,,,,,,,,,.,,,,,,,,.,) plus interest. Borrower has promised to pay this debt iu regular Periodic Payments and to pay the debt iu full not later than ..................... p3.1K•z,0,gq, , , , . , ... , , ..... , . , .. ........................................................................................................................................................ . (F) "Property" uteaus the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (13) "Riders" means all Riders to this Security Iustruuieut that are executed by Borrower. The following Riders are to be executed by Borrower [check box as .applicable]: ^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider ® Bailoou Rider ^ Planned Uuit Development Rider ^ Other(s) [specify] ....................... ^ 1-4 Faruily Rider ^ Biweekly Payment Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and aduliuistrative rules and orders (that have the effect of law) as well as all applicable final, uou-appealable judicial opinions. (.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessuieuts and other charges that are hnposed on Borrower or the Property by a condominiarn association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or siu~ilar paper iustrwneut, which is initiated through au electronic terminal, telephonic itLStrumeut, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit au account. Such tens includes, but is not !united 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) coudeuuiation or other taking of all or any part of the Property; (iii) conveyance iu lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default ou, the Loan. (O) "Periodic Payment" means the regularly scheduled autouut due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its hnplementiug regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from tune to tune, or any additional or successor legislation or regulation that governs the same subject matter. As used iu this Security Iustrurneut, "RESPA" refers to all requirements and restrictions that are imposed iu regard to a "federally related mortgage loan" even if the Loau does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" 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 Instrument. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Bankers Systems, Inc., St, Cloud, MN Form MD-1-NE 8!17/2000 ref: 1!2001 (page 1 of 7 page Y~ oiuiai /a}-7 ~aos~ii[y TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrwnent secures to Leader: (i) the repayment of the Loau, and all renewals, extensions and modifications of the Note; and (ii) the perfonnauce of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants assd conveys to Trustee, in trust, with power of sale, the following described property located iu tlte ...................................................REGIS.TEB.OF.QE~RS..................................................... of (Type of Recording Jurisdiction] . A4AM$.GP.IJIVTY ............................................................................. [Name of Recording Jurisdiction) LOT SEVEN p-, BLDCK TWO (2-, HASTINGS HEIGHTS SUBDIVISION IN THE CITY OF HASTINGS, ADAMS CODUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF. which currently lsas the address of ............................................?613 WEST 7TH,STREET,,,,,,,,,,,,,,,,,, , [Street] ,,, ,,,,,,,,,,,,,,HASTINGS,,,,,,,,,,.,,,,, ebraska ..................... ("Property Address" .............. N ................. 6a841 ): ~~~~~~~~ ~ ~ [City] [Zip Code] TOGETHER WITH all the nnprovemeuts now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Issstrwnent. All of the foregoing is referred to is this Security Iustrtuneut as the "Property. " BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and isas 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 clanns and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uuifoms covenants for uatioval use and aou-uuifonn covenants with limited variations by jurisdiction to constitute a uuifonn security itsstrusnent covering real property. UNIFORM COVENANTS. Borrower and Leader coveisant 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 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 iu U.S. currency. However, if any check or other instrument received by Leader as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note assd this Security Instrument be made iu 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 cashier's check, provided any such check is drawn upon au institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Leader when received at the location designated iu the Note or at such other location as may be designated by Lender ist accordance with the notice provisions iu Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loau current. Lender may accept any payment or partial payment insufficient to bring tlse Loau current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments iu the future, but Leader is not obligated to apply such payments at the tune such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender aced not pay interest'ou uuapplied funds. Leader may hold such uitapplied funds until Borrower makes payment to bring the Loau current. If Borrower does scot do so witlsiu a reasonable period of tone, Leader 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 umnediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from snaking ,payments due under the Note and this Security Instrument or performing the covenants and agreesuents secured by tlsis Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in 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) antouuts due under Section 3. Such payments shall be applied to each Periodic Payment iu the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other asnouuts due under this Security Iustrutmesst, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Paynsent which includes a sufficient amount to pay any late charge due, tlse paynseut may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any paynseut received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in 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 in the Note. Any application of paynseuts, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Leader ou the day Periodic Payments are due under the Note, until the Note is paid in full, a sutn (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which eau attain priority over this Security Instrument as a lieu or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Leader under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Leader iu lieu of the paynseut of Mortgage Insurance premiums iu accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loau, Leader may require that Conunuuity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments. shall be an Escrow Item. Borrower shall promptly furnish to Leader all notices of amounts to be paid under this Section. Borrower shall pay Leader the Funds for Escrow Items ussless Leader waives Borrower's obligation to pay the Funds for' any or a11~ Escrow Items. Lender may waive Borrower's obligation to stay to Lender Funds for auk or all Escrow Items at any time. Any such waiver may only be is writing. In the event of such wasvex, .Ilorrower.shall..pay...dsrectly, when and where payable, the amounts due for any Escrow Items for which paynseut of [ Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such ,payment within ~ such tii]YC"~iloc7"~as"'Letidc"r"snay"`require. Borrower`s obligation to make such payments and to provide receipts shall for all purp.oses_ be deeused to •be, a covenant and apreemeut contained iu this Security Instrumment, as the ~ phrase. "covenatsi., and '' agreement" is used isi Section 9. If Borrower ss obligated to pay Escrow Items directly, pursuant to a waiver,' a Borrower NEBR,4~SIEA-~Srngle Family=Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~J//// /~l, J,` J~ BanksrsSyctems,Jnc.,-SL..Cloud,MN Form MD-9-NE 8/17/2000 (page2of7pagesY/' - '> l/lr ,~ , ~ ~ ....... ,.._ , ~ . ... ......... ~ ., w„t ... 02, of 7 `~008111'~ fails to pay the amount due for au Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Louder any such auiouut. Louder may revoke the waiver as to any or atl Escrow Items at any tithe by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and iu such auiouuts, that are then required under this Section 3. Leader may, at any tone, collect and hold Funds in an atnouut (a) sufficient to permit Leader to apply the Funds at the time specified under RESPA, and (b) not to exceed the maxittttun atnouut a lender eau require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable esthnates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held ttt an institution whose deposits are insured by a federal agency, instrutnetttality, or entity (including Leader, if Lender is au institution whose deposits are so insured) or in any Federal Home Loau Bank. Lender shall apply the Funds to pay the Escrow Items no 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 Items, unless Lender pays Borrower interest on the Funds and Applicable Law pernits Lender to make such a charge. Utiless au agreement is made m writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Leader eau agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held iu escrow, as defined under RESPA, ~,eader shall account to Borrower for the excess funds is accordance wrtlt RESPA. If there is a shortage of Funds held iu escrow, as defined uuder,RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the atnouut -necessary. to make up the shortage iu accordance with RESPA, but in tto more than 12 moutitly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the atnouat accessary to make up the deficiency in accordance with RESPA, but iu no more than 12 monthly payments. Upon paytneut iu full of all sums secured by this Security Iustrutneut, Leader shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assesstuents, charges, fines, and impositions attributable to the Property which eau attain priority over this Security Instrument, leasehold payments or ground rents ou the Property, if any, and Couununity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided iu Sectio~t 3. Borrower shall promptly discharge any lieu which has priority over this Security Instrmuent unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but otily so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lieu in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but otily until such proceedings are concluded; or (c) secures from the holder of the lieu an agreement satisfactory to Lender subordinating the lieu to this Security Instrument. If Leader determines that any part of the Property is subject to a lieu which eau attain priority over this Security Iustrunteut, Leader may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay none-three charge for a real estate tax verification attd/or reporting service used by Leader iu connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected ou the Property insured against loss by fire, hazards included within the teen "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained iu the atnouuts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tern of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, is connection with this Loau, either: (a) a one-time charge for flood zone deternittation, certification and tracking. services; or (b) a one-tithe charge for flood zone determination and certification services and subsequent charges each time rentappiugs or similar changes occur which reasonably might affect such deternivatiou or certification. Borrower shall also be responsible for the payment of any fees unposed by the Federal Emergency Management Agency in connection with the review of any flood zone deterniuatiou resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Louder may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under uo obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of iusurauce that Borrower could have obtained. Any amounts disbursed by Leader under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All ittsurattce 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 ttatne Leader as mortgagee and/or as au additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Leader requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as au additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Leader. Leader may make proof of loss if not made promptly by Borrower. Utiless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or mot the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Leader has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Utiless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings ou such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such iusurauce proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance clahn and related matters. If Borrower does not respond within 30 days to a notice from Leader that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Leader (a) Borrower's rights to any insurance proceeds in au amount not to exceed the amounts unpaid under th'c Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned pre~miutns paid by Borrower) under all iusurauce policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the utsurauce proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. I 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of [his Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least otte year after the date of occupancy, utiless Leader otherwise agrees itt writing, which consent shall not be unreasonably withheld, or utiless extenuating circumstances exist which are beyond Borrower's control. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT F rm 302„ 7/01 Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17!2000 (page 3 of 7 pages ~j ~/ ,~ i 3 of 7 , ;~c~osii~.F7 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower sltall not destroy, damage or hnpair the Property, allow the Property to deteriorate or conmiit waste on the Property. Whether or not Borrower is residing 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 restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or dammage. If insurance or condentnatiou proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property otily if Leader has released proceeds for such purposes. Leader may disburse proceeds for the repairs and restoration iu a single payment or in a series of progress payments as the work is completed. If the insurance or condentuation proceeds .are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Leader or its agent may make reasonable entries upon acd inspections of the Property. If it has reasonable cause, Leader may inspect the interior of the improvements ou the Property. Lender shall give Borrower notice at the tune of or prior to such au interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with. material iufornatiou) in connection with the Loau. Material representations include, but are not lhmited to, representations coucerciug Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perfonm the covettacts and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property acd rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Leader's actions eau include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing itt court; attd (c) paying reasonable attorneys' fees to protect its interest is the Property acd/or rights under this Security Icstrmmeut, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Secttou 9. Atty atmouuts disbursed by Lender under tlms Section 9 shall become additional debt of Borrower secured by this Security Icstrmmeut. These atmouuts shall bear interest at the Note rate froth the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Leader agrees to the merger in writing. 10. Mortgage Insurance. If Leader required Mortgage Iusurauce as a condition of making the Loan, Borrower shall pay the prentituus required to maintain the Mortgage Iusurauce in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Iusurauce, Borrower shall pay the prentiutms required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from au altercate mortgage insurer selected by Lender. If substantially equivalent Mortgage Iusurauce coverage is not available, Borrower shall continue to pay to Lender the atnouut of the separately designated payments that were due when the insurance coverage ceased to be in effect. Leader will accept, use and retain these payments as a uou-refundable loss reserve is lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loau is ultimately paid iu full, and Lender sltall not be required to pay Borrower any interest or earnings on such loss reserve. Lender eau no longer require loss reserve payntects if Mortgage Insurance coverage (ic the amount and for the period that Leader requires) provided by au insurer selected by Leader again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Iusurauce. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a uou-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such temiittation or until tenniuatiou is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided iu the Note. Mortgage Insurance reimburses Leader (or any entity that purchases the Note) for certain losses it tray incur if Borrower does not repay the Loau as agreed. Borrower is not a party to the Mortgage Iusurauce. Mortgage insurers evaluate their total risk on all such insurance iu force from three to tome, and may enter into .agreements with other parties that share or modify their risk, or reduce losses. These agreements are ou terns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make paynteuts using any source of funds that the mortgage insurer may have available (which may include funds obtained froth Mortgage Iusurauce prentiunts). As a result of these agreements, Lcuder, any purchaser of the Note, another insurer, any reiusurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) atmoucts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, is 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 is exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance. " Further; (a) Any such agreements will not affect the atnomits that Borrower !has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage btsurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has--if any--with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance; to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is no[ lessened. During such repair and restoration period, Lcuder shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Leader may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Utiless au agreement is made in .writing or Applicable Law requires interest to be paid oc such Miscellaneous Proceeds, Leader shall not be required to pay Borrower any interest or earnings ou such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sutras secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds sltall be applied iu the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT F m 3021107, Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8!17!2000 (jXige 4 of 7pngesf i'~~\II.J_LJ\ ' /~- of 7 In the event of a partial taking, destruction, or loss in value of the Property iu which the fair market value of the Property inuncdiately before the partial taking, destruction, or loss ih value is equal to or greater than the amount of the sums secured by this Security Instrwnent mm~iediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immmediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property ummediately before the partial taking, destruction, or loss ih value. Any balance shall be 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 imm~ediately before the partial taking, destruction, or loss iu value is less than the unount of the sums secured imm~ediately before the partial taking, destruction, or loss in value, uliless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Iustrunnent whether or not the sutras are then due. If the Property is abandoned by Borrower, or if, after notice by Leader to Borrower that the Opposing Party (as defined ih the next sentence) offers to make an award to settle a claun for damages, Borrower fails to respond to Lender wttliiu 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 sums secured by this Security Instrutneut, whether or not then due. "Opposing Party" nieaus the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be iu default if any action or proceeding, whether civil or crunihal; is begun that, iu Lender's judgtneut, could result in forfeiture of the Property or other material itiipairtteut of Lender's interest in the Property or rights under this Security Iustrunnent. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided iu Section 19, by causing the action or proceeding to be dismissed with a ruling Ghat, iu bender's, judgment, precludes forfeiture of the Property or other material impairnent of Lender's interest in the Property or rights under this Security Iustrumeut. The proceeds of any award or claim for damages that are attributable to the nnpairnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. j All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied ih the order provided for iu Section 2. i 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tune for payment or modification of amortization of the sums secured by this Security Iustruntent granted by Lender to Borrower or any Successor iIi Interest of Borrower shall trot operate to release the liability of Borrower or any Successors iu Interest of Borrower. Leader shall not be required to continence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify ammortizatiou of the stuns secured by this Security Ihstrtuneut by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Leader iu exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower coveualits and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-sighing this Security Iustruntent Duly to mortgage, grant and convey the co-signer's interest ih the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or make any accohmnodatiohs with regard to the teens of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, arty Successor in Interest of Borrower who assumes Borrower's obligations under this Security Iustrumeut iu writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instruineut. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Iustrumeut shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender Wray charge Borrower fees for. services perfornied lIt COlllleCtlOll with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. 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 on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Iustrunnent or by Applicable Law. If the Loau is subject to a law which sets maxunutn loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted Inuits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted lunit; and (b) any sums already collected from Borrower which exceeded pernitted limits will be refunded to Borrower. Lender may choose to make this refuted by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower Wright have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Iustrunnent must be in writing. Any notice to Borrower in connection with this Security Instrulment shall be deemed to have been given to Borrower when mailed by first class trail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers uliless Applicable Law expressly requires otherwise. The notice address shall be the Property Address uliless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Ihstrunnent at any one tone. Auy notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any Notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Iustrumeut. 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 Ihstruntent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or umplicitly 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 provision or clause of this Security Instrmneut or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Iustrumeut or the Note which eau be given effect without the conflicting provision. As used in this Security Iustrunnent: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the fentiuihe gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial htterest in Borrower. As used iu this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred iu a bond for decd, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part 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, Lender may require iumnediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT //~//~ F rm 302 Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8(17/2000 (pr[ge 5 of 7 jXiges~/ ( .. .S .~of 7 ~ 200111`7 If Leader exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given iu accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrutneut. If Borrower fails to pay these sums prior to the expiration of this period, Lender tray invoke any remedies permitted by this Security Iustrumeut without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Iustrurnent discontinued at any time prior to the earliest of: (a) five days before sale of tite Property pursuant to any power of sale contained iu this Security Iustrumeut; (b) such other period as Applicable Law might specify for the ternittatiou of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrutneut. Those conditions are that Borrower: (a) pays Lender all sutras which then would be due under this Security Instrument and the Note as if tro acceleration ltad occurred; (b) cures arty default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrutneut, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest iu the Property and rights under this Security Instrument; and (d) takes such action as Leader may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrutneut, and Borrower's obligation to pay the sums secured by this Security Instrutneut, shall continue uncitauged. Lender may require that Borrower pay such reinstatement sums and expenses iu one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, back 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, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by .Borrower, this Security Iustrumeut and obligations secured hereby shall remain fully effective as if ito acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) eau be sold one or more tunes without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Iustrumeut and performs other mortgage loan servicing obligations under the Note, this Security Instruuneut, aud.Applicable Law. There also might be one or more changes of the Loau Servicer unrelated to a sale' of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the uatne and address of the new 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 Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loau Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may continence, joie, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises front the other party's actions pursuant to this Security Iustrumeut or that alleges that the other party ttas breached arty provision of, or any duty owed by reason of, this Security Instrutneut, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a tune period which must elapse before certain action eau be taken, that time period will be deemed to be reasonable for purposes of this .paragraph. The notice of acceleration attd 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 in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flatnntable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or forualdelryde, and radioactive materials; (b) "Euviromnental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or envirormtental protection; (c) "Environnental Cleanup" includes any response action, remedial action, or removal action, as defined iu Euvirotmnental Law; and (d) au "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger au Euviromnental Cleanup. Borrower shall not cause or pernit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or iu the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Euviromnental 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 ou the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to uornal residential uses and to tnaiutenauce of the Property (including, but not limited to, hazardous substances iu consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property ',and any Hazardous Substance or Euviromnental Law of which Borrower has actual knowledge, (b) any Euviromnental Condition, including but not 1united 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 wlticlt adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions iu accordance with Environnental Law. Nothing herein shall create any obligation ou Lender for au Euviromnental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, riot less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default ou or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument acid 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 trot cured on or before the date specified iu the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand acid may invoke the power of sale and any other remedies permitted by Applicable Law. Leader shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 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 acid shall mail copies of such notice iri the mariner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the Highest bidder at the time and place and under the terms designated in the notice of sale in otie or more parcels acid in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time acid place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upoii receipt of payrnertt of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. Tlie recitals iii the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, acid the sale, iricluditig the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) arty excess to the person or persons legally entitled to it. NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT F rm 302 1/01 Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (pnge 6 of 7 pnges)~ (~ of ~ 23. Reconveyance. Upon payment of all sums secured by this Security Iustrumeut, Lender shall request Trustee to recouvey the Property and shall surrender this Security Iustrurnent and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Leuder may charge such person or persons a fee for recouvcyiug the Property, but oiily 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 time remove Trustee and appoint a successor trustee to any .Trustee appointed hereunder by an iustrtuneut recorded in the county in which this Security Iustrumeut 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 teens and covenants contained iu this Security Iustrumeut and iu any Rider executed by Borrower and recorded with it. ... ..... ... .................................. (Seal) L. WILLIAMS -Borrower ~.~.... ............ ............... (Seal) DEBORAH S. WILLIAMS -Borrower STATE OF NEBRASKA [Space Below This Line For Acknowled~mentl County of ....................ADAMS ..................... The foregoing instrument was acknowledged before me this .03;14;2008,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ...................................(data) by ALAN f, ~YI4~IAM.S;.P;=.Q4BAH.S..N11.~l,IA.MS,.HUS~AN4.ANA WIFE................................................ .............................................................. ...............................(uauie of person acknowledged). My Commission expires, 09.19.2010 BB~IEAAL NOTARY • ~ d Nobrifb ...... ....... r ..... ...... ........... ....................... . .................. . ~~~P No ary Publlc Comm.Exp.3ept.tl,2010 JUD A,SOUKUP 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 (pzge 7of 7pages) 7 of ~