Loading...
HomeMy WebLinkAbout20081488NUM PGS v nbC ~uuc clc#..,..,. FEES '~ - ~ PIL.~iZCK#1~(¢..iQa~?9 CNG ACCT#__,.. RET FEES:,.._CASH,R.O.D. CK# /X~ REC'D ~ ~ RETURN_L,[~Ll<!!! A~~~ ,~, 3DC7 9 1, into//~ .~/~` l0 8 Soi ~ 3009 LOAN NUMBER: 0160279494 I~IIIdIYUUmV~~NiV~~~N~N!Vl~n PIUM _~rr~s.s RD. COMP ~~ ,~D %~(~ COMPARE / ~/ CADAS ~ AO ~ (Space Above This Line For Rewrding Dala) DEED OF TRUST ADAMSOUpTY, NE • INST.NO.__,. 08.4$8 Date .~-L.Y.11$. Tfine~,2Zy.,~1 ~~~~ ~~ REGISTER OF DEERS THIS DEED OF TRUST ("Security hnstrument") is made on April 4, 2008. The grantor is JO LYNN WRIGHT, A SINGLE PERSON, whose address is 713 N SAUNDERS, Hastings, Nebraska 68901 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign the Note. The obligations of Borrowers who did not sign the Note are explained further in the section titled Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The trustee is TierO ne Bank whose address is 1235'N' St / P.O. Box 83009, Lincoln, Nebraska 68501. ("Trustee"). The beneficiary is TierO ne Bank, which is organized and existing under the laws of the United States of America and whose address is 1235 'N' St / PO Box 83009, Lincoln, Nebraska 68501 ("Lender"). JO LYNN WRIGHT owes Lender the principal sum of Twenty-six Thousand Fifty-one and 50/100 Dollars (U.S. $26,051.50), which is evidenced by the note, consumer loan agreement, or similar writing dated the same date as this Security Instrument (the "Note"), which provides for periodic payments ("Periodic Payments"), with the full debt, if not paid earlier, due and payable on April 18, 2013. This Security Instrument secures to Lander: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced to protect the s~arity of this Security Instnmlent timder the provisions of the section titled Protection of Lender's Rights in the Property; and (c) the performance oI'Borrower's covenants and agreements under this Security Instrument and the Note. For this piupose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of ADAMS, State of Nebraska: Address: 713 N SAUNDERS, Hastings, Nebraska 68901 Legal Description: THE NORTH 48 FEET OF THE SOUTH 50 FEET OF THE NORTH 198 FEET OF LOT ONE (1), GROSSE'S ADDITION TO THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA Parcel ID/Sidwell Number; 010008362 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to airy encumbr~mces of record. Borrower and Lender covenant and agree as follows: ~ 2004-2007 Copy~iglU Compliance Systems, Lie. RC9C-275R - 2007.01.201 www.compliancesystems.com Cw~siuna• Real 6slatc - Sectuity Lutnmari DL2036 Page 1 of 8 800-968-8522 -Fax 616-956-1868 /~ rJ 2008188 Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. Applicable Law. As used in this Security Instrument, the term "Applicable Law" shall mean all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. Funds for Taxes and Insurance. At Lender's request and subject to Applicable Law, Borrower shall pay to Le~ider on the day periodic payments are due under the Note, until the Note is-paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of the paragraph titled Mortgage Insurance, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 LJ.S.C. Section 2601 et seq. ("RESPA") unless another Applicable Law that applies to the Funds sets a lesser amount. If so, Lender may; at any time, collect and hold Funds in an amount not to exceed the lesser amowit. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall beheld in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow accomit, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. However, Lender may require Borrower to pay aone- timecharge for au independent real estate tax reporting service used by Lender in connection with this loan, unless Applicable Law provides otherwise. Unless an agreement is made or Applicable Law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accomituig of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Fwids was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to beheld by Applicable Law, Lender shall account to Borrower Ior the excess Funds in accordance with the requirements of Applicable Law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to makeup the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in toll of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Fwxls held by Lender. If; under the section titled Acceleration; Remedies, Lender shall acquire or sell the Property, Lc,~nder, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by the Security Instrument. Application of Payments. Unless Applicable Law provides otherwise, all payments received by Lender shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under the section titled Funds for Taxes and Insurance; third, to interest due; fourth, to principal due; and last, to any late charges due tinder the Note. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security hnstrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in section titled Funds for Taxes and Insurance, or &~ 2004-2007 Cop}nixht Compliance Systems, Lw. RC9C-2758 - 2007.01.201 www.compGanccsystems.coin Co~u~unp~ Real Estate - Scciuity I~mtnrcnpN DL2036 Page 2 of 8 ! 800-968-8522 -Fax 616-956-1R68 a~ g 2008188 if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. At the request of Lender, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included,within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with section titled Protection of Lender's Rights in the Property. All insurance policies and renewals shall he acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insuurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. 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 any excess paid to Borrower. If Borrower abandons the Property, or does not answer within the number of days prescribed by Applicable Law as set forth in a notice from Lender to Borrower that the insurance carrier has ol~ercxl to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Properly or to pay sums secured by this Security Instrument, whether or not then due. The period of time her Borrower to answer as set forth in the notice will begin when the notice is given. Unless Leader and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the clue date of the payments referred to in the sections titled Payment of Principal and Interest; Late Charges and Funds for Taxes and Insurance or change the amount of the payments. If under the section titled Acceleration; Remedies, the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums sa;urecl by this Security Instrument immediately prior to the acquisition. Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in section titled Borrower's Right to Reinstate, by causing the action or proceeding to be dismissed with a nding that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note. If this Security Instrument is on a leasehold, Borrower shall ~ 2004-2007 Copyright Compliance S}rstersm, Inc. RC9C-2758 - 2007.01.201 www.compliancesystems.com Co~ssvncr Real Gstate- Secwity Lss hlvneirt DL2036 Page 3 of R 800-968-8522 -Fax 616-956-1868 ~~ 'O 2008~.~88 comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this section, Lender does not have to do so. Any amowrts disbursed by Lender under this section shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums 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 an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to he in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer he required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lerrcler rexluires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance .with any written agreement between Borrower and Lender or Applicable Law. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower nolace at the time of or prior to an inspection specifying reasonable cause for the inspection, Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any conderruiation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall he paid to Lender. ~ In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instniment, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amorurt of the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Leader otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall he applied to the srmis secured by 11ris Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within the minimum number of days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security lnstnrment, whettrer or not then due. 092004-2007 Copyright Compliance Syslcnu, Inc. 8C9G27,58 - 2007.01.201 www.campGanccsystems.com Co~u~uner Real Gstate - Secwity lic Uiu~wvt DL2036 Page 4 of 8 800-968-8522 -Fax 616-956-1868 ! ~D 2oosi~ss Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the payments Payment of Principal and Interest; Late Charges and Funds for Taxes and Insurance or change the amount of such payments. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Successors and Assigns Bound; Joint and Several Liability; Accomodation Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of section titled Transfer of the Property or a "Beneficial :Interest in Borrower. Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instrument but does not execute the Note ("Accomodation Signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that Accomodation Signer's interest in the Property under the terms of the Security Instrument; (h) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without that Accomodation Signer's consent. Loan Charges. If the loan secured by dais Security Instrument is subject to a law which sets maximum loan ch~u-ges, aind 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 limits, their: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail wiles Applicable Law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instniment shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws of the state of Nebraska. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be givens effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to he severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a naharal person) unless the Note shows that Borrower's loan is assumable, Lender may, at its option, require immediate paymeart in full of all sums secured by this Security Instnameant. However, this option shall not be exercisal by Leind~~r if exercise is prohibited by federal law as of the date of this Security Instrument. If the Note shows that Borrower's loan is assumable, Borrower must obtain Lender's written permission for an assumption and , follow auy other requirements of Lender related to an assumption. If Borrower does not do so, Leander may require immediate payment in hall of all sums secured by this Security Instrument. ~~ 2004-2007 Copyiiyht Compliance Systems, Ln. RC9C-2758 - 2007.01.201 www.compGancesystems.com Co~~siuna~ Real Gstate - Secwity I iahiunent DL2036 Page S of 8 800-968-8522 -Fax 616-956-1868 s~ 20U&148$ Ii' Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than the minimum number of days established by Applicable Law from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrume~it without further notice or demand on Borrower. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property or a Beneficial Interest in Borrower. Sale of Note Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may he sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects periodic payments due under the Note and this Security Instrument. There also maybe one or more changes of the Loan 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 in accordance with the section titled Notices and Applicable Law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by Applicable Law. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to he appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by auy governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Enviromncsntal 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. As us~l in this paragraph, "Environmental Law" means federal laws and laws of the state of Nebraska that relate to health, safety or environmental protection. 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 the section titled Transfer of the Property or a Beneficial Interest in Borrower, 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 the minimum number of days established by Applicable Law from the date the notice is given to Borrower, ley which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and ®2004-2007 Copyiighl Compliance Systems, Inc. SC9C-2758 - 2007.01.201 www.compGa~icesystems.com Co~utuner Real Estate - Sec~uity Irehiunenl DL2036 Page 6 of 8 800-968-8522 -Fax 616-956-1868 !O 20Q81488 sale of the Property. To the extent permitted by law, 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 specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. To the extent permitted by law, Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable 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 one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. Reconveyance. Upon payment of all sums secm-ed by this Security Instrument, Lender shall reyuest Trustee to reconvey the Property and shall surrender this Security Instrument 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. Lender may charge such person or persons a i'ee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the chargnig of the fee is permitted under Applicable Law. Substitute Trustee. Lc~ider, at its option, may from time to time remove Trustee quid appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is rec;ordal. 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. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address which is the Property Address. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in all pages of this Security Instrument and in any Rider executed by Borrower and recorded with it. JO I/~ N WRIGHT Date ~J 2004-2007 Copyriglrt CompGauce Systcrtn, Im. RC9G2768 - 2007.01.201 www.compliancuystems.com Co~uumer Real &state - 3ecwity hstnvr~d DL2036 Page 7 oFR 800-968-8522 -Fax 616-956-1868 70~ ~ 2dU81488 INDNIDUAL ACKNOWLEDGMENT STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) The foregoing instrument was acknowledged by JO LYNN WRIGHT• before me on April 4, 2008. In witness whereof, I hereunto set my hand ' nd, if applicable, my official se My commission expires; 0 (OtTicial Seal) _~ GeP![t~A', iJOTA 1'-state of PJebraska THIS INSTRUMENT PREPARED BY: AFTER RECORDING RETURN TO: TierOnc Bank J HAHN, 402-479-0553, TIERONE BANK 1235 'N' St / PO Box 83009 1235 N ST Lincoln, NE 68501 LINCOLN, NE 68501 ®2004-2007 C'opysiglst Complia~sce Systems, Isw. RC9C-2758 - 2007.01.201 www.complianecsystems.eom Cons~uner Real 6slate - Semuity hutnunad DL2036 Page R of R 800-968-8522 -Fax 616-956-1868 lJ p~