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DEFINITIONS
DEED OF TRUST
ADAMS COUNTY, NE
INST. N0. F~~Q ~ ~' ~
Date~:~.a-~Time
,, ~- ~ o k
~~ dJ~';
REGISTER OF DEEDS
Words used iu multiple sections of this document 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 in this document are also provided in Section 16.
(A) "Security Instrument" means this docutueut, which is dated ........................ Q4; ~ 1; 2006, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , together
with all Riders to this document.
(B) "Borrower" is A4A.M.R~ SIP.44.ANp TIFFANY.A, sIpI:4,.N~$BAMP.AND WIFE .............. .................................
..........................
......................................................................................................................................................... .
Borrower is the trustor under this Security Iustrutnent.
(C) "Lender" is BpIVK DF ~ONIPHpN . ............................................................................... .
................................
Leader is a .GOR?QPATl4N ................................................................................. . ......... organized and existing under
the laws of .TN.~~?A?.~A.FK~QHASKA .........................................Lender's address is .P.O,60X,X70,pQF1IP~{AIV,.t~F,68QQ~;4270,,,,,,
......................................................................................................................................................... .
Lender is the beneficiary under this Security Iustrumeut.
(D) "Trustee" is BANK OF ~ONIPHAN, P 0 60X,270, ~ONIPHAN,,NE 68832
(E) "Note" means the promissory note signed by Borrower and dated R?-2.1:2.446 .....................................................The
Note states that Borrower owes Lender FIFTY.El1~E?'Np.USAN0.6lGHTHUNa86p.AN4.Np11A4 .........................................................
...........................'....................... Dollars (U.S. $ 554800;Oil,,,,,,,,,.,,,,,,,,,,.,,,) plus interest. Borrower has promised to
pay this debt iu regular Periodic Payments and to pay the debt in full not later than ..................... p5: p.1: 2014.................... .
(F) "Property" means 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.
(H) "Riders" means all Riders to this Security Iustrumeut that are executed by Borrower. The following Riders are to be
executed by Borrower [check box as applicable]:
^ Adjustable Rate Rider ^ Coudominimn Rider ^ Second Honte Rider
^ Balloon Rider ^ Planned Uuit Development Rider ^ Other(s) [specify] .......................
^ 1-4 Family Rider ^ Biweekly Payment Rider
(I) "Applicable Law" ttteans all controlling applicable federal, state and local statutes, regulations, ordinances and
adntiuistrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
(.n "Community Association Dues, Fees, and Assessments" tneaus all dues, fees, assessments and other charges that are
unposed on Borrower or the Property by a condominium association, homeowners association or snnilar organization.
(K) "Electronic Funds Transfer" nteaus any transfer of foods, other than a transaction originated by check, draft, or similar
paper instrument, which is initiated through an electronic terminal, telephonic iustrarneut, computer, or magnetic tape so as to
order, instruct, or authorize a financial institution to debit or credit au account. Such teen includes, but is not limited to,
point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated
clearinghouse transfers.
(L) "Escrow Items" nteaus those items that are described in Section 3.
(M) "Miscellaneous Proceeds" nteaus any cotttpeusatiou, settletttent, 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, xhe
Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv)
misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loau.
(O) "Periodic Payment" nteaus the regularly scheduled atnouut due for (i) principal and interest under the Note, plus (ii) any
amounts under Section 3 of this Security Instrtunent.
(P) "RESPA" nteaus the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its hnplemeuting regulation,
Regulation X (24 C.F.R. Part 3500), as they might be amended from time to tune, or any additional or successor legislation or
regulation that governs the same subject matter. As used iu this Security Instrument, "RESPA" refers to all requirements and
restrictions that are hnposed iu regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally
related mortgage Loau" under RESPA.
(Q) "Successor in Interest of Borrower" nteaus 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 ^ ~ ~ \1
ref: 1 /2001 (~xige I of 7 pnges)7L~_ /
iitiu~oi
~~
~Qa8~.654
TRANSFER OF RIGHTS IN THE PKOPERTY
This Security Instrutment secures to Lender; (i) the repayment of the Loau, and all renewals, extensions and modifications of
the Note; and (ii) the performance of Borrower's covenants and agreements under this Security htstrutneut and the Note. For
this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described
property located iu the ...................................................HF.GIS.TCB.OF.QFEAS..................................................... of
[Type of Recording Jurisdiction]
AR?MS. CoIiNTY ............................................................................ .
[Name of Recording Jurisdiction]
LOTS 18 AND 19, BLOCK 6, VILLAGE OF ROSELAND, ADAMS COUNTY, NEBRASKA.
which currently has the address of ............................................1211,3 W,ALEXANDER,ST,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
[street]
............................ROSElAN4............................., Nebraska ...................Ba$7.3..................... ("Property Address"):
[City] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtettauces,
attd fixtures stow or hereafter a part of the property. All replacements attd additions shall also be covered by this Security
Instrument. All of the foregoing is referred to iu this Security Ittstrutneut 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 uneucuntbered, except for enctunbrances of record. Borrower warrants and
will defend generally the title to the Property against all claims and detmauds, subject to any eucutmbrauces of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and uou-uuiforn covenants with limited
variations by jurisdiction to constitute a uniform security iustrutneut covering real property.
UNIFORM COVENANTS. Borrower and Leader covettaut 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 on, the debt evidenced by the Note and any prepayment charges and late charges due
under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this
Security Instrument shall be made in U.S. currency. However, if any check or other iustrutnent received by Leader as payment
under the Note or this Security Iustrmmeut is returned to Leader unpaid, Lender may require that any or all subsequent
payments due under the Note and this Security Iustrutnent be made iu one or more of the following forms, as selected by
Lender: (a) cash; (b) ntouey order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such
check is drawn upon au institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic
Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other location
as Wray be designated by Lender in accordance with the notice provisions iu Section 15. Leader may return any payment or
partial paytneut if the payment or partial payments are insufficient to bring the Loau current. Leader may accept any payment
or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to
refuse such payment or partial payments in the future, but Leader is not obligated to apply such payments at the time such
payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Leader need not pay interest on
uuapplied funds. Lender may hold such uttapplied funds until Borrower makes payment to bring the Loau current. If Borrower
does not do so within a reasonable period of time, 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 iuunediately prior to foreclosure.
No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making
payments due under the Note and this Security Iustrutneut or perforning the covenants and agreements secured by this Security
Instrmneut.
2. Application of Payments or Proceeds. Except as otherwise described itt this Section 2, all paynteuts accepted and
applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under
the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment iu the order in which it
became due. Auy remaining amounts shall be applied first to late charges, second to any other amounts due under this Security
Iustrutnent, and then to reduce the principal balance of the Note.
If Louder receives a payment .front Borrower for a delinquent Periodic Payment which includes a sufficient amount to
pay any late charge due, the payment may be applied to the delinquent paytneut and the late charge. If more than one Periodic
Payment is outstanding, Leader may apply any payment received from Borrower to the repayment of the Periodic paynteuts if,
and to the extent that, each payment eau be paid iu full. To the extent that any excess exists after the,~payntent is applied to the
full payuteut of one or more Periodic Payments, such excess Wray be applied to any late charges due. Voluntary prepayments
shall be applied first to any prepayment charges and then as described in the Note.
Auy application of payments, 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 ott the day Periodic Payments are due under the Note, until
the Note is paid iu full, a sutra (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other
items which can 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 prentiutns, if any, or any stuns payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums iu accordance with the provisions of Section 10. These items are called "Escrow Items. " At origittatiou or
at any time during the tern of the Loan, Leader may require that Couttnuuity Association Dues, Fees, and Assessments, if any,
be escrowed by Borrower, and such dues, fees and assessments shall be au Escrow Item. Borrower shall promptly furnish to
Leader all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless
Leader waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation
to stay to Lender Funds for any or all Escrow Items at any time. Auy such waiver may only be in writing. Iu the event of such
waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Leader receipts .evidencing such paytneut within
such time period as Leader Wray require. Borrower's obligation to make such paynteuts and to provide receipts shall for all
purposes be deemed to be a covenant and agreement contained iu this Security Instrument, as .the phrase "covenanut .,aticl
agreement" is used iu Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver; and Borrower
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT °' Form 3028 /01
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8!17/2000 (page 2 of 7 fXrgeSf ~ ` ~'
2~~
20081654
fails to pay the amount due for an Escrow Item, Lender Wray exercise its rig:tts under Section 9 and pay such amount and
Borrower shall thou be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any
or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay
to Lender all Funds, and in such unounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds iu au amount (a) sufficient to permit Lender to apply the Funds at the
tune specified under 12ESPA, and (b) not to exceed the maxhnwn amount a lender eau require under I2ESPA. Leader shall
estimate the atnouttt of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Itettts
or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, iustrwueatality, or entity
(including Lender, if Leader is an institution whose deposits are so insured) or in any Federal Home Loau Back. Lender shall
apply the Funds to pay the Escrow Items ao later-than the time specified under 1ZESPA. Leader shall not charge Borrower for
holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Leader pays
Borrower interest ou the Funds and Applicable Law permits Lender to make such a charge. Utiless au agreement is made m
writing or Applicable Law requires interest to be paid ou the Funds, Lender shall trot be required to pay Borrower arty interest
or earnings oa the Funds. Borrower and Lender can agree iu writing, however, -that interest shall be paid ou the Funds. Leader
shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held is escrow, as defined under RESPA, Leader shall account to Borrower for the excess
funds in accordance wtth 1ZESPA. If there is a shortage of Funds held in escrow, as defined under I2ESPA, Lender shall notify
Borrower as required by 12ESPA, and Borrower shall pay to Leader the amount.-necessary, to make up the shortage in
accordance with RESPA, but in uo more than 12 monthly payments. If there is "a deficiency of Funds held in escrow, as
defined under RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
necessary to make up the deficiency in accordance with 12ESPA, but in uo more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and hnpositious attributable to the
Property which eau attain priority over this Security Instrwneut, leasehold payments or ground rents oa the Property, if any,
and Coaunuuity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower
shall pay them in the ntauuer provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Iustrumeut unless Borrower: (a) agrees
iu writing to the payateut of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower
is performing such agreement; (b) contests the lien iu good faith by, or defends against enforcement of the lieu iu, legal
proceedings which in Lender's opinion operate to prevent the enforcement of the lieu while those proceedings are pending, but
only until such proceedings are concluded; or (c) secures from the holder of the lieu au agreement satisfactory to Lender
subordinating the lien to this Security Instrwneut. If Louder detenniues that any part of the Property is subject to a lieu which
can attain prtority over this Security Instrwneut, Lender Wray give Borrower a notice identifying the lien. Within 10 days of
the date oa which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above iu this
Sectiott 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by
Lender itt connection with this Loan.
5. Property Insurance. Borrower shall keep ttte itttproveutents now existing or hereafter erected ott the Property
insured against loss by fire, hazards included within the term "extended coverage," and any other hazards iucludiug, but not
limited to, earthquakes and floods, for which Louder requires insurance. This iusurauce shall be maintained is the atnouuts
(iucludiug deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
sentences eau change during the term of the Loau. The insurance carrier providing the iusurauce shall be chosen by Borrower
subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Louder may
require Borrower to pay, lll Coll11CCt10ll With tills Loan, either: (a) a one-tune cliarge for flood zone detenuiuatiou, certification
and tracking services; or (b) a one-time charge for flood zone detenniuation and certification services and subsequent charges
each time remappiugs or similar changes occur which reasonably might affect such detenniuatiou or certification. Borrower
shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection
with the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's
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 iusurauce coverage so obtained might significantly exceed the
cost of insurance that Borrower could have obtained. Any amounts disbursed by Louder under this Section 5 shall become
additional debt of Borrower secured by this Security Instrument. These amounts 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.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove
such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee.
Leader shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall protttptly give to
Leader all receipts of paid prentiunts and renewal notices. If Borrower obtains any form of iusurauce coverage, not otherwise
required by Leader, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall ttatne Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the iusurauce carrier and Louder. Leader may make proof of
loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree iu writing, any insurance proceeds,
whether or not 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 Louder has had an opportunity to inspect such Property to
ensure the work has been completed to Leader's satisfaction, provided that such inspection shall be undertaken promptly.
Lender Wray disburse proceeds for the repairs and restoration in a single payment or is a series of progress payments as the
work is completed. Unless an agreement is made iu writing or Applicable Law requires interest to be paid ou 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 Lendef's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Iustrumeut, whether or not tlteu due, with the excess, if any,
paid to Borrower. Suclt ittsurattce proceeds shall be applied itt the order provided for iu Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available iusurauce clauu 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, tlteu 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 Lender (a) Borrower's rights to
nay insurance proceeds in an amount not to exceed the atnouats unpaid under the Note or this Security Iustrumeut, and (b) any
other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
~tolicies covering the Property, insofar as such rights are applicable to the coverage of the Property. Louder may use the
ntsuraace proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrwneut,
whether or not then due.
6. Occupancy. Iorrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days
after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for
at least one year after the date of occupancy, unless Leader otherwise agrees iu writing, which consent shall not be
unreasonably withheld, or unless extenuating ctrcwnstances exist which are beyond Borrower's control.
NEBRASKA-Sin le Famil Form 3028 ,x/01
g y-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT [~Jl/~ ~ 1
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (Ftzge 3 of 7 jxtges)~
3~ 7
20081b54
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall trot destroy, damage or
impair the Property, allow the Property to deteriorate or commit 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 iu 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 damage. If iusurauce or
condemnation proceeds are paid iu connection with damage to, or the taking of, the Property, Borrower shall be responsible for
repairing or restoring the Property only if Leader Itas released proceeds for such purposes. Lender tnay disburse proceeds for
the repairs and restoration in a single paynteut or iu a series of progress payments as the work is completed. If the iusurauce or
condeutttatiott proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation
for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Louder may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior
to such an interior inspection specifying such reasonable cause.
8. Borrower's Loau Application. Borrower shall be itt 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,
nusleading, or inaccurate information or statements to Louder (or failed to provide Lender with material information) iu
comtectiou with the Loan. Material representations include, but are not limited to, representations concerning Borrower's
occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails
to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might
significantly affect 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 lieu which may attain priority over this Security
Instrtuneut or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for
whatever is reasonable or appropriate to protect Lender's interest iu the Property and rights under t(tis Security Ittstrutnent,
including protecting and/or assessing the value of the Property, and securing dud/or repairing the Property. Leader's actions
can include, but are not limited to: (a) paying any sums secured by a lieu which has priority over this Security Instrument; (b)
appearing in court; and (c) paying reasonable attorneys' fees to protect its interest iu the Property and/or rights under this
Security Instrument, including its secured position iu 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
Wray 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 Leader incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Leader under this Section 9 shall become additional debt of Borrower secured by this
Security Instrumment. 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.
If this Security Instrutueut 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 Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall
pay the premiums required to maintain the Mortgage Insurance 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 Insurance, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously iu effect, at a cost
substantially equivalent to the cost to Borrower of the Mortgage Ittsurattce previously iu effect, front an alternate mtortgage
insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in
effect. Leader will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Iusurauce. Such
loss reserve shall be non-refundable, notwithstanding the fact that the Loau is ultumately paid iu full, and Lender shall not be
required to pay Borrower any interest or earnings ou such loss reserve. Lender eau no longer require loss reserve payments if
Mortgage Insurance coverage (in 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
Insurance. If Lender required Mortgage Insurance as a condition of making the Loau attd Borrower was required to make
separately designated payments toward the premiums for Mortgage Iusurauce, Borrower shall pay the premiwus required to
maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage
Insurance ends iu accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section IO affects Borrower's obligation to pay interest at the rate
provided in the Note.
Mortgage Iusurauce reimburses Lender (or any entity that purchases the Note) for certain losses it tray incur if
Borrower does trot repay the Loatt as agreed. Borrower is not a party to the Mortgage Iusurauce.
Mortgage insurers evaluate their total risk ou all such iusurauce in l force from tune to tune, and Wray cuter into
agreements with other parties that share or modify their risk, or reduce losses. These agreenteuts are on terms and conditions
that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreenteuts Wray require
the mortgage insurer to make payments using any source of funds that the mortgage insurer Wray have available (which Wray
include funds obtained front Mortgage Insurance prentiunts).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reiusurer, any other entity, or
any affiliate of any of the foregoing, Wray receive (directly or indirectly) amounts that derive front (or might be characterized
as) a portion of Borrower's payments for Mortgage Iusurauce, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreement provides that an affiliate of Leader takes a share of insurer's risk iu exchange for a
share of the premiwms paid to the insurer, the arrangement is often terned "captive reinsurance. " Further;
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or
any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,
and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower ltas--if any--with respect to the Mortgage Insurance
under the Homeowners Protection Act of 1998 or any outer law. These rights may include the right to receive certain
disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Iusurauce 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 not lessened. During such repair and restoration period,
Lender shall have the right to hold such Miscellaneous Proceeds until Leader has had au 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 iu a single disbursement or in a series of progress payments as the work is
completed. Unless au agreetneut is made iu writing or Applicable Law requires interest to be paid on such Miscellaneous
Proceeds, Lender 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 stall be
applied to the suuts secured by this Security Iustrtumeut, whether or not thou due, with the excess, if any, paid to Borrower.
Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss iu value of the Property, the Miscellaneous Proceeds shall be applied
to the sutras secured by this Security Instrumment, whether or not then due, with the excess, if any, paid to Borrower.
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ Form 302- 8 }{01
Bankers Systems, Inc., St. Cloud, MN Form MD-i-NE 8/17/2000 (jxtge 4 of 7pzgesJ ,~l ~j/
t
~~7
20081654
In the event of a partial taking, destruction, or loss iu value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the stuns
secured by this Security Iustrutnent immiediately before the partial taking, destruction, or loss in value, unless Borrower and
Lender otherwise- agree iu 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 himmediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property nmmediately before the partial
taking, destruction, or loss iu 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 immediately before the partial taking, destruction, or loss is value is less than the amount of the sums secured
immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Iustrutnent whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Leader to Borrower that the Opposing Party (as defined
is the next sentence) offers to make an award to settle a claim for damages, Borrower -fails to respond to Lender within 30 days
after the date the notice is given, Lender is authorized to collect and apply the.Miscellaneous Proceeds either to restoration or
repair of the Property or to the sums secured by this Security Instrmnent, whether or not then due. "Opposing Party" means
the third party that owes Borrower Miscellaneous Proceeds or the party against-whom Borrower has a right of action iu regard
to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criniiual;-is begun that, in Lender's judgment,
could result in forfeiture of the Property or other material unpairnent of Lender's interest in the Property or rights under this
Security Instrument. Borrower eau cure such a default and, if acceleration has occurred, reinstate as provided is Section 19, by
causing the action or proceeding to be dismissed with a ruling that, is Lender's judgment, precludes forfeiture of the Property
or other material impairment of Lender's interest is the Property or rights under this Security Instrument. The proceeds of any
award or claim for datmages that are attributable to the nnpairment of Lender's interest in the Property are hereby assigned and
shall be paid to Lender.
All Miscellaneous Proceeds that are trot applied to restoration or repair of the Property shall be applied iu the order
provided for iu Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tune for payment or
modification of amortization of the sutras secured by this Security Iustrutnent granted by Lender to Borrower or any Successor
iii Interest of Borrower shall trot operate to release the liability of Borrower or arty Successors is Interest of Borrower. Leader
shall not be required to continence proceedings against any Successor iu Interest of Borrower or to refuse to extend three for
payment or otherwise modify atnortizatiou of the sums secured by this Security Instrument by reason of any demand made by
the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender is 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 covenants 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-signing this Security Instrument only to mortgage, grant and convey the
co-signer's interest in the Property under the tetras of this Security Iustrunieut; (b) is not personally obligated to pay the sutras
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower eau agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations
under this Security Iustrunteat in writing, and is approved by Leader, shall obtain all of Borrower's rights and benefits wider
this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security
Iustrwtent utiless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind
(except as provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Leader may charge Borrower fees for services per;orned in connection with Borrower's default,
for the purpose of protecting Lender's interest iu the Property and rights under this Security Iustrwneut, including, but not
limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority
iu this Security Instrument 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 Instrument or by Applicable Law.
If the Loau is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest
or other Loau charges collected or to be collected in connection with the Loan exceed the permitted limits, thee: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sutras already
collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to retake 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 (whether or not a prepayment
charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
constitute a waiver of any right of action Borrower might have arising out of such overcharge.
1_5. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be is writing.
Any notice to Borrower in connection with this Security Iastrunteut shall be deemed to have been given to Borrower when
mailed by first class mail or when actually delivered to Borrower's notice address if scut by other means. Notice to any one
Borrower shall constitute notice to all Borrowers utiless Applicable Law expressly requires otherwise. The notice address shall
be the Property Address utiless Borrower has designated a substitute notice address by notice to Lender. Borrower shall
promptly notify Leader 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 Instrument at any one time. Aay notice to Leader shall be given by delivering it
or by mailing it by first class mail to Lender's address stated herein utiless Lender has designated another address by notice to
Borrower. Any notice iu connection with this Security Instrument shall not be deemed to have been given to Lender until
actually received by Leader. 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 Iustrutnent.
16. Governing Law; Severability; Rules of Construction. This Security Iustrutnent shall be governed by federal law
and the law of the jurisdiction iu which the Property is located. All rights and obligations contained in this Security Instrument
arc subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the
parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by
contract. In the event that any 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 given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
words or words of the feminine gender; (b) words in the singular shall mean au.d include the plural and vice versa; and (c) the
word "may" gives sole discretion without nay obligation to take any action. i
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Iustrutnent.
18. Transfer of the Property or a Beneficial Interest in Borrower: As used iu this Section 18, "Interest in the
Property" means nay legal or beneficial interest iu the Property, including, but not lunited to, those beneficial interests
transferred is a bond for deed, contract for deed, iastalhmeut 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 in 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
hnmediate payment iu full of all sutras secured by this Security Instrwneat. However, this option shall not be exercised by
Lender if such exercise is prohibited by Applicable Law.
NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 30~28 ~~\\~r00 1
Bankers Systems, Inc., St, Cloud, MN Form MD-1-NE 8/17/2000 (Fczge 5 of 7pnges) S
~~
2008f654
If Leader exercises this option, Leader shall give Borrower notice of acceleration. The notice shall provide a period of
not less than 30 days front the date the notice is given in accordance with Section 15 within which Borrower must pay all sums
secured by this Security Instrument. If Borrower fails to pay these sutras prior to the expiration of this period, Lender Wray
invoke any remedies permitted by this Security Instrument without further notice or demand ou 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 Instrument discontinued at any throe prior to the earliest of: (a) five days before sale
of the Property pursuant to any power of sale contained iu this Security Iustrutneut; (b) such other period as Applicable Law
tnigltt specify for the terntittatiou of Borrower's right to reinstate; or (c) 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 Iustrutneut and the
Note as if uo acceleration had occurred; (b) cures arty default of arty other covenants or agreemiettts; (c) pays all expenses
incurred iu enforcing this Security Iustrutneut, including, but not Incited 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 Iustrunteut; and (d) takes such action as Lender may reasonably require to assure that Lender's interest iu the Property
and rights under this Security Iustrmneut, and Borrower's obligation to pay the sutras secured by this Security Iustrutnent, shall
continue unchanged. Leader may require that Borrower pay such reinstatement sutras and expenses in one or more of the
following forms, as selected by Lender: (a) cash; (b) ntouey order; (c) certified check, back check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
iustrutnentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by ,Borrower, this Security Iustrutneut and
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'Sectiou 18:
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest itt the Note (together
with this Security Iustrutneut) can be sold one or more times without prior notice to Borrower. A sale Wright result in a change
in the entity (known as the "Loan Servicer") t(tat collects Periodic Payments due under the Note and this .Security Instrument
and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and-Applicable Law. There
also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loau
Servicer, Borrower will be given written notice of the change which will state rite name and address of the new Loau Servicer,
the address to which payments should be made and any other ittfornation RESPA requires in connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loau is serviced by a Loau Servicer other than the purchaser of the
Note, the mortgage loan servicing obligations to Borrower will rentaiu with the Loan Servicer or be transferred to a successor
Loan Servicer and are not assmued by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Leader Wray continence, joie, or be joined to any ,judicial action (as either au individual litigant or
the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the
other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
Lender has notified the other party (with such notice given in cotnpliauce with the requirenteuts 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 time period which must elapse before certain action eau be taken, that thne 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 Euvirotnueutal Law and the following substances: gasoline, kerosene,
other flatnntable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials; (b) "Enviromnental Law" means federal laws and laws of rite jurisdiction where the
Property is located that relate to health, safety or euvirommental protection; (c) "Envirotuneutal Cleanup" includes any response
action, remedial action, or removal action, as defined iu Euvirotnnental Law; and (d) an "Environmental Condition" means a
condition that can cause, contribute to, or otherwise trigger an Enviromneutal Cleanup.
Borrower shall not cause or perttit rite presence, use, disposal, storage, or release of any Hazardous Substances, or
threaten to release any Hazardous Substances, ou or in the Property. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property (a) that is iu violation of any Euvirommental Law, (b) which creates an Envirotuneutal
Condition, or (c) which, due to rite presence, use, or release of a Hazardous Substance, creates a couditiou that adversely
affects the value of the Property. The preceding two sentences shall not apply to [he presence, use, or storage on the Property
of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
ntaintettance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, clann, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviromnental
Law of which Borrower has actual knowledge, (b) any Environmental couditiou, including but not lunited to, any spilling,
leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use
or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any
govertumental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is accessary, Borrower shall promptly take all necessary remedial actions iu accordance with
Environmental Law. Nothing herein shall create any obligation on Lender for au Euvironneutal 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, not 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 rite default on or before the date specified in rite notice may result in acceleration of the sums
secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any outer
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
futtlter demand and may invoke the power of sale and any outer remedies permitted by Applicable Law. Lender shall be
entitled to collect all expenses incurred in pursuing t}te 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 arty part of the
Property is located attd shall mail copies of such notice in rite manner prescribed by Applicable Law to Borrower and to
the outer persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public
notice of sale to rite 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 attd place and under the terms designated itt rite
notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel
of rite Property by public announcement at the time attd place of arty previously scheduled sale. Leader or its designee
may purchase the Property at any sale.
Upott receipt of payment of rite price bid, Trustee shall deliver to the purchaser Trustee's deed conveying t}te
Property. The recitals itt 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 al! costs and expenses of exercising the power of
sale, attd the sale, including rite payment of rite 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 ot•
persons legally entitled to it.
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~~ Form 3028 101
Bankers Systems, Inc„ St. Cloud, MN Form MD-1-NE 8/17/2000 (page 6 of 7 jXlgeSf~~' (/_
~~^
24081654
23. Reconveyauce. Upon payment of all sutras secured by this Security Instrument, Lender shall request Trustee to
reconvey the Property and shall surrender this Security Iustrwneut 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 fee for recouveyiug the
Property, but otily 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, Wray from time to time remove Trustee and appoint a successor trustee to
any Trustee appointed hereunder by an instrutttent recorded in the county in which this Security Instrument is recorded.
Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon
Trustee herein and by Applicable Law.
25. Request for Notices. Borrower requests that copies of the notice of default and sale be scut to Borrower's address
which is the Property Address.
BY SIGNING BELOW, Borrower accepts and agrees to the teens and covettauts contained in this Security Iustrutnent
and in any Rider executed by Borrower and recorded with it.
~ru:': G"°^ .....':~~....: ~~ .................:................ (Seal)
AOAf~ S LO f~ -Borrower
... .... ...,r1..'~~~ ................................ (Seal)
TIFF A. SI 0 -Borrower
STATE OP NEBRASKA
(Space Below This Line For Acknowledgment]
County of ....................ADAMS
.....................
The foregoing ittstruntettt was acknowledged before me this .04;21;2008,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
...................................(date) by ADAM.R,.SiA1,0;?1FFANYA,S.IP.LR,.NUSI3ANP.AN9.kV.IFF............................................,...........
............................................................. ..................................(name of person acknowledged).
My Conmtission expires: 09-19-2010
GEIrEfiAL NOTARY - Slate of Nebraska .... ... .. " " " " " " " ............................... .
JUf~YA.SOUKUP Notary public
JU .SOUKUP
My Comm. Exp. Sept.19, 2010
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 (prtge 7 of 7 jxtgesJ
7~ /