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DEFINI'T'IONS
i~~ir~~iiH~iuu~iu~~
NUM ~ 3~i1-(o l~
RD. COMP .~~ f ° ~
COMPARE /~._
CADAS AO /
ADAMS COUNTY, NE
INST. NO.~'~ ~• 2
pate~~Time.~.4~A_/n
~~~~~
REGISTER OF DEEDS
[Space Above This Line For Recording Data]
DEED OF TRUST
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 iu this document are also provided iu Section 16.
(A) "Security Instrument" means this document, which is dated ....................... . 0 t,-~4-~OOQ , , , , , , • , • • • • , • .... , • • . , , , , , , . , together
with all Riders to this document.
(B) "Borrower" is .~FRAIN.SA.Np41'A~.AN.4.MAHlA sa~u,QOvA4,.NUSOANP.ANo WIF~ ......................................................................
Borrower is the trustor under this Security Ittstrmneut.
(C) "Lender" is BANK OFpONIPHAIV .... ................ ................................................................................... .
Lender is a .GOR?OPATIQN ................................... • . • • ~ . • der
................... • .................................... organized and existing uu
the laws of .TN.E STATE, pF, f~~ORASKA ......................................... Lender s address is . P.9.ORX.270r A9NIPHAN,.NE. ei3@32:027.4......
......................................................................................................................................................... .
Lender is the beneficiary under this Security Instrument.
(D) "Trustee" is BANK OF ~ONIPHAN• 800•NORTH•BURLINGTON, HASTINGS, NE, 88901
.................................................................... .
(E) "Note" means the promissory note signed by Borrower and dated p.1: Z.q•z440 .....................................................The
Note states that Borrower owes Lender p.NE.HUNORE,4,SIXTY.FI,V.ETyp.IISANQ.NIN~T1'ANp.I~qI.l00 ...................................................
•••••••.•.••.....• ................................ Dollars (U .S. $ .1,65,090;00,•,••,,,,,,.,•••,.•,.,,) plus interest. Borrower has promised to
pay this debt in regular Periodic Payments and to pay the debt iu full not later than .....................0.1:2.4.•2Ala.....................
........................................................................................................................................................ .
(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 prepayuieut charges and late charges due under the Note,
and all sums due under this Security Iustruntent, plus interest.
(H) "Riders" means all Riders to this Security Instrument 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
^ Balloon Rider ^ Planned Unit Developtneut Rider ^ Other(s) [specify] .......................
^ 1-4 Family Rider ^ Biweekly Payment Rider
(I) "Applicable Law" means 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, uou-appealable judicial opinions.
(~ "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are
unposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or sunilar
paper instrument, which is initiated through an electronic tenuiual, telephonic iustrwneut, computer, or magnetic tape so as to
order, instruct, or authorize a financial institution to debit or credit au account. Such term 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'i means those items that are described iu Section 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 in Section 5) for: (i) damage to, or destruction of, the
Property; (ii) condemnation 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 Louder against the nonpayment of, or default ou, the Loau.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any
unouuts 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 implementing 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 in this Security Iustrmneut, "RESPA" refers to all requirements and
restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loau does not qualify as a "federally
related mortgage loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, .whether or not that party has
assmned Borrower's. obligations under the Note and/or this Security Iustrtuneut.
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Bankers Systems, Inc., St. Cloud, MN Form MD-1-Nf 8/17/2000
ref: 1 /2001 (page 1 of 7 pages)
AIIII01
I ~~
;~ao8o412
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Leader: (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 Iustrutnent 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 .................: ...................................ADAM.S.CQUNTY....................................................... of
iType of Recording Jurisdiction]
R~GIST~R D.F. D.~~QS ..........................................................................
[Name of Recording Jurisdiction]
SEE ATTACHED "EXHIBIT A"
whiclt currently ltas the address of ........................................... 112$0,$Ol1TH,MARIAN RD,,,,,,,,,,,,,,,,,,,
..........................
[Street]
,,,,,,,,,,,,,,,,,,,,,,,,,,,HASTINGS ,,,,,,,,,,,, ,,,,,, ebraska 6 80l (P p y Address )
.. ........ ro ert
., ................... P ..................... ,
[City[ [Zi Code[
TOGETHER WITH all the improventeuts now or hereafter erected ou the property, and all easements, appurtettauces,
and fixtures now or lereafter a part of the property. All replacettteuts and additions sltall also be covered by this Security
Iustruute]tt. All of the foregoing is referred to iu this Security Iustruntettt as the "Property. "
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grout
and convey the Property and that the Property is uaencutnbered, except for encumbrances of record. Borrower warrants and
will defend generally the title to the Property against all claims and dentauds, subject to any encumbrances of record.
THIS SF,CURITY INSTRUMENT combines uttiforn covettauts for national use and uou-uuiforn covenants with Inttited
variations by jurisdiction to constitute a uniforn security instrutneut covering real property.
UNIFORM COVENANTS. Borrower and Leader covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when due the principal of, and interest ou, the debt evidenced by the Note 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 instrument received by Leader as payment
under the Note or this Security Instrument is returned to Leader unpaid, Leader may require that any or all subsequent
payments due under the Note and this Security Iustrtuneut be made iu one or more of the following fortis, as selected by
Lender: (a) cash; (b) ntoucy order; (c) certified check, back check, treasurer's check or casltier's check, provided any such
check is drawn upon au institution whose deposits are insured by a federal agency, iustrunteutality, 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 iu accordance with the notice provisions iu Section 15. Leader may return any paynteut or
partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender 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 iu 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 Lender need not pay interest on
uuapplied funds. Leader may hold such uuapplied funds until Borrower makes payment to bring the Loau current. If Borrower
does not do so within a reasonable period of tune, 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 immediately prior to foreclosure.
No offset or claim which Borrower Wright have now or iu the future against Lender shall relieve Borrower from utakiug
payments due under the Note and this Security Instrument or perfonniug the covenants and agreements secured by this Security
Iustrutneut.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and
applied by Leader 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 in the order iu which it
became due. Any remaining amounts shall be applied first to late charges, second to any other atnouuts due under this Security
Instrument, and then to reduce the principal balance of the Note.
If Leader receives a payment front Borrower for a delinquent Periodic Payuteut which includes a sufficient amount to
pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic
Payment is outstanding, Leader may apply any payment received from Borrower to the repayment of the Periodic Payments if,
and to the extent that, each payment eau be paid iu full. To the extent that any excess exists after the .payment is applied to the
full payment of one or more Periodic Payments, such excess Wray be applied to any late charges due. Voluntary prepayments
shall be applied first to any prepaynteut charges and then as described in the Note.
Any 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 on the day Periodic Payments are due under the Notc, until
the Note is paid iu full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other
iteuts which eau attain priority over this Security Instrument as a lieu or encumbrance ou the Property; (b) leasehold payments
or ground rents ou the Property, if any; (c) preutiunts for any and all insurance required by Leader under Section 5; and (d)
Mortgage Insurance prentiuuts, if any, or any sums payable by Borrower to Lender in lieu of the paynteut of Mortgage
Insurance prentiuuts in accordance with the provisions of Section 10. These items are called "Escrow Items. " At origination or
at any time during the tern of the Loan, Lender Wray require that Couumuuity 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 al( notices of amounts to be paid under this Section. Borrower sltall pay Lender the Funds for Escrow Items unless
Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation
to day to Leader Funds for any or all Escrow Itemts at auy_thne. Any such waiver may only be in wt~}>} ~^~~t• tkt~^~veutq,of: ch
waiver, Borrowcr.sltallpay..cltrectly, when and where payable, the antouuts due for any Escrow Items for htch.~iaj~iijei~of
Funds itas been waived by Lender and, if Leader requires,. shall furnish to Leader receipts evidencing suc~"~1aylnent within
such time 'period 'as°Lender ntay~ require. Borrower's obligation to make such payments and to prov' e recetp,~ts sii~14 ~f~1r"9t1<
purposes....be cfeeuied to ,be, a.~oveuaut and agreement contained in this Security Instrument, as the phrase cover out au
agreement"' is used iu Secttoit 9. If Borrower is obligated to pay Escrow Iteuts directly, pursuant to a Waiver, and Borrgw~
;NEBRASKA-Single-Family5 Fannie-Mae/Freddie Mac UNIFORM INSTRUMENT f Form 3028 1/01
k ,
Bankers.Systems,.Lnc.,..St.,,Clpud, MN_Fpr,[ra.AQD;J.-NE 8/17/2000 (IMBe Z•Df7pIIger)
.... i. ~.: , '.i
.. ., ..~ -w.............» ...._..,..~ ~ ... Q
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fails to pay the antouut due for an Escrow Item, Leader may exercise its rights under Section 9 and pay such amount and
Borrower shall then be obligated under Section 9 to repay to Lender any such antouut. Leader may revoke the waiver as to any
or all Escrow Items at any true by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay
to Lender all Funds, attd in such autounts, that are then required under this Section 3.
Lender may, at any titue, collect and hold Funds in au amount (a) sufficient to permit Leader to apply the Funds at the
time specified under 12ESPA, and (b) not to exceed the maxhnutn antouut a leader eau require under RESPA. Leader shall
estimate the atuount of Funds due ou the basis of current data and reasonable estnnates of expenditures of future Escrow Items
or otherwise itt accordance with A~tplicable Law.
The Punds shall be held m au institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Leader is an institution whose deposits are so insured) or in any Federal Honte Loau Battk. Lender shall
apply the Funds to pay the Escrow Items uo later than the time 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 permits Lender to make such a charge. Unless au agreement is made m
writing or Applicable Law requires interest to be paid on the Futtds, Leader shall not be required to pay Borrower arty interest
or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender
shall give to Borrower, without charge, au annual accounting of the Funds as required by )ZESPA.
If there is a surplus of Funds held in escrow, as defined under IZESPA, Lender shall account to Borrower for the excess
funds in accordance wtth 12ESPA. If there is a shortage of Funds held in escrow, as defined under 1ZESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Leader the atnouttt necessary to make up the shortage in
accordance with IZISPA, but iu no more than 12 monthly payments. If there is a deficiency of Funds held iu escrow, as
defined under RESPA, Lender shall notify Borrower as required by 1ZESPA, and Borrower shall pay to Leader the antouut
necessary to make up the deficiency in accordance with RESPA, but itt uo more than 12 monthly payments.
Upon payment iu full of all sums secured by this Security Iustrtmeut, Lender shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and nnpositiotts attributable to the
Property which can attain priority over this Security Iustrumeut, leasehold payments or ground rents ou the Property, if any,
and Coumtuaity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower
shall pay them ttt the mtatnter provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security htstrwneut utiless Borrower: (a) agrees
iu writing to the payment of the obligation secured by the lieu in a manner acceptable to Lender, but otily so long as Borrower
is performing such agreement; (b) contests the lieu iu 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 lieu while those proceedings are pending, but
otily until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Leader
subordinating the lien to this Security Iustrwnent. If Lender determines that any part of the Property is subject to a lieu which
eau attain prtority over this Security Instrutneut, Lender may give Borrower a notice identifying the lien. Within 10 days of
the date on which that notice is given, Borrower shall satisfy the lieu or take one or more of the actions set forth above in this
Section 4.
Leader may require Borrower to pay a ouc-time charge for a real estate tax verification and/or reporting service used by
Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the hnproventents now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the tern "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 antouuts
(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
sentences eau change during the tern of the Loau. The insurance carrier providing the insurance shall be chosen by Borrower
subject to Lender's right to disapprove Borrower's choice, which right shall no[ be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loau, either: (a) a one-time charge for flood zone determittatiou, certification
and tracking services; or (b) a one-time charge for flood zone deterninatiou and certification services and subsequent charges
each time rentappiugs or similar changes occur which reasonably might affect such determination or certification. Borrower
shall also be responsible for [he payment of any fees unposed by the Federal Entergeucy Management Agency iu connection
with the review of any flood zone deterniuation resulting front au objection by Borrower.
If Borrower fails to tttaintaitt arty of the coverages described above, Lender tuay obtain iusurauce coverage, at Leader'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 Wright significantly exceed the
cost of insurance that Borrower could have obtained. Any atnouuts disbursed by Lender 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 front Lender to Borrower requesting payment.
All iusurauce 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 au additional Loss payee.
Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of iusurauce coverage, not otherwise
required by Lender, for datuage to, or destruction of, the Property, such policy shalt include a standard mortgage clause and
shall uante 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 Leader. Lender may make proof of
loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any insurance proceeds,
whether or not the underlying iusurauce was required by Lender, shall be applied to restoration or repair of the Property, if the
restoration or repair is ecouontically 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 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.
Lender may disburse proceeds for the repairs and restoration iu a single payment or iu a series of progress payments as the
work is completed. Unless au 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 iusurauce proceeds and shall be the sole obligation of
Borrower. If the restoration or repair is not ecouontically feasible or Lender's security would be lessened, the iusurauce
proceeds shall be applied to the Bunts secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Borrower. Such insurance proceeds shall be applied in the order provided for iu Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance clans and related
matters. If Borrower does not respond within 30 days to a notice from Lender 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 an amount not to exceed the atuounts 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 prentiunts paid by Borrower) under all iusurauce
~tolicies covering the Property, insofar as such rights are applicable to the coverage of the Property. Louder Wray use the
utsurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrunteut,
whether or not then due.
6. Occupancy. Borrower 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 in writing, which consent shall not be
unreasonably withheld, or utiless extenuating circutnstauces exist which are beyond Borrower's control.
NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 1101
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (page 3 of 7 pages)
3~f~ ~ _,
~aoso~~~
7. Preservatio>tt, Maitttenattce and Protection of the Property; Inspections. Borrower shall not destroy, damage or
impair the Property, allow the Property to deteriorate or commnit waste oa the Property. Whether or not Borrower is residing iu
the Property, Borrower shall maiutaiu the Property in order to prevent the Property from deteriorating or decreasing in value
due to its condition. Unless it is deternined pursuant to Section 5 that repair or restoration is not ecououtically feasible,
Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are patd iu 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. Lender may disburse proceeds for
the repairs and restoration is a single payment or in a series of progress payments as the work is completed. If the insurance or
condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation
for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender Wray inspect the interior of the improventeuts on 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 Loau 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 Leader (or failed to provide Lender with. material information) iu
connection with the Loan. Material representations include, but are not limited to, represeutatioits 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 to 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 Ias[runteut (such as a proceeding in
bankruptcy, probate, for condenutatiou or forfeiture, for enforcement of a lieu which may attain priority over this Security
Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, titeu Lender may do and pay for
whatever is reasonable or appropriate to protect Lender's interest iu the Property and 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
can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b)
appearing iu court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this
Security Iustrtunent, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not
limited to, euterittg the Property to make repairs, change locks, replace or board up doors and windows, drain water front
pipes, eliminate budding or other code violations or dangerous conditions, and have utilities turned ou or off. Although Lender
may take action under this Section 9, Leader 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 Section 9.
Any amounts disbursed by Leader under this Section 9 shall become additional debt of Borrower secured by this
Security Iustruntent. These antouuts shall bear interest at the Note rate from the date of disbursetneut and shall be payable, with
such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is ou a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee title to the Property, the leasehold and the fee title shall trot 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 maiutaiu the Mortgage Insurance iu effect. If, for any reason, the Mortgage Iusurauce 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
premiums required to obtain coverage substantially equivalent to the Mortgage Iusurauce previously iu effect, at a cost
substantially equivalent to the cost to Borrower of tltc Mortgage Iusurauce previously iu effect, front an altercate mtortgage
insurer selected by Lender. If substantially equivalent Mortgage Iusurauce coverage is not available, Borrower shall continue to
pay to Leader 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 iron-refundable, notwithstanding the fact that the Loau is ultimately paid iu full, and Lender shalt not be
required to pay Borrower any interest or earnings ou such loss reserve. Lender eau uo longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender
again becomes available, is obtained, aad Lender requires separately designated payments toward the prentiunts for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
separately designated payments toward the prentiuuns for Mortgage Insurance, Borrower shall pay the prentiunts required to
maiutaiu 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 termination or until
ternination is required by Applicable Law. Nothing iu this Section 10 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 may incur if
Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance iu force from time to tune, and Wray eater into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terns and conditions
that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements tray require
the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may
include funds obtained from 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, may receive (directly or indirectly) amounts that derive from (or might be characterized
as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreenteut provides that an affiliate of Leader takes a share of insurer's risk iu exchange for a
share of the premiuuts paid to the insurer, the arraugenteut is often terned "captive reinsurance." Further:
(a) Any such agreetnettts will trot 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) Atty 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, acrd/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall
be paid to Leader.
If the Property .is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,
Louder shall have the right to hold such Miscellaneous Proceeds until Lender 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 in a single disbursement or iu 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 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 shall be
applied to the sums secured by this Security Instrmneut, whether or not then due, with the excess, if any, paid to Borrower.
Such Miscellaneous Proceeds shall be applied iu the order provided for in Section 2.
Itt the event of a total taking, destruction, or loss iu value of the Property, the Miscellaneous Proceeds shall be applied
to the Bunts secured by this Security Instrument, whether or aot then due, with the excess, if any, paid to Borrower.
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
Bankers Systems, Inc., St. Cloud, MN Farm MD-1-NE 8/17/2000 (page 4of 7pngesJ
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~QQ~U412
In the event of a partial taking, destruction, or loss iu value of the Property iu which the fair market value of the
Property iuunediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums
secured by this Security Iustruntent immediately before the partial taking, destruction, or loss in value, utiless Borrower and
Leader otherwise -agree in writing, the sutras 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 hnntediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immmediately before the partial
taking, destruction, or loss itt value. Auy balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property iu which the fair market value of the
Property intntediately before the partiat taking, destruction, or loss in value is less than the amount of the sutras secured
immediately before the partial taking, destruction, or loss iu value, unless Borrower and Lender otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the Bunts secured by this Security Iustruntent whether or not the Bunts are then due.
If the Property is abandoned by Borrower, or if, after notice by Leader to Borrower that the Opposing Party (as defined
in the next sentence) offers to make au 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 autltori7ed to collect and apply tite Miscellaneous Proceeds either to restoration or
repair of the Property or to the sutras secured by this Security Iustrunnent, whether or not then due. "Opposing Party" means
the third party that owes Borrower Miscellaneous Proceeds or the party against whotm Borrower has a right of action in regard
to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or crnninal, is begwt that, in Lender's judgment,
could result in forfeiture of the Property or other material nnpairmeut of Lender's interest in the Property or rights under this
Security htstrmnent. Borrower eau cure such a default and, if acceleration has occurred, reinstate as provided iu Section 19, by
causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property
or other material impairment of Lender's interest itt the Property or rights under this Security Instrument. The proceeds of any
award or claim for damages that are attributable to the nnpairnent of Lender's interest iu the Property are hereby assigned and
shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied iu the order
provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tune for paytnettt or
modification of antortiTatiou of the sutras secured by this Security Instrument granted by Leader to Borrower or any Successor
itt Interest of Borrower shall trot operate to release the liability of Borrower or any Successors in Interest of Borrower. Leader
shall not be required to conmmeuce proceedings against any Successor in Interest of Borrower or to refuse to extend time for
payment or otherwise modify amortization of the sutras secured by this Security Instrument by reason of any demand made by
the original Borrower or any Successors iu Interest of Borrower. Auy forbearance by Lender iu exercising any right or remedy
including, without limitation, Lender's acceptance of payments front third persons, entities or Successors iu Interest of
Borrower or iu 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 attd 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 htstrutnent Duly to mortgage, grant and convey the
co-signer's interest in the Property under the terns of this Security Instrunteut; (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 cottseut.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who asswmes Borrower's obligations
under this Security Iustruunent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under
this Security Iustrwmeut. Borrower shall not be released from Borrower's obligations and liability under this Security
Instruuneut unless Lender agrees to such release in writing. The covenants and agreements of this Security Instruument shall bind
(except as provided in Section 20) and benefit the successors and assigns of Leader.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default,
for the purpose of protecting Lender's interest iu the Property and rights under this Security Instrument, including, but not
limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority
in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition ou the charging of such
fee. Lender may not charge fees that are expressly prohibited by this Security Instrutneut or by Applicable Law.
If the Loan is subject to a law which sets ntaximm~t loan charges, and that law is finally interpreted so that the interest
or other loan charges collected or to be collected in counectioti with the Loau exceed the permitted lunits, then: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the pernitted limit; and (b) any sums already
collected front Borrower which exceeded pernitted limits will be refunded to Borrower. Lender Wray 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 (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 counectioti with this Security Instrwment must be iu writing.
Any notice to Borrower iu connection with this Security Instrunteut 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 unless Applicable Law expressly requires otherwise. The notice address shall
be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall
promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall Drily report a change of address through that specified procedure. There may be only one
designated notice address under this Security Instrunteut at any Due time. Any 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. Auy notice in connection with this Security Iustrwnent 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 Instrutttent.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law
and the law of the jurisdiction itt which the Property is located. All rights and obligations contained in this Security Iustrunnent
are subject to any requirements and limitations of Applicable Law. Applicable. Law Wright 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 eau be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the tttasculiue gender shall mean and include corresponding tteutcr
words or words of the feminine gender; (b) words iu 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 Due copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest 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 in a bond for deed, 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 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
iumnediate payment in full of all sutras secured by this Security Instrunteut. 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 Form 3028 1/01
Bankers Systems, Inc., St, Cloud, MN Form MD-1-NE 8/17/2000 (jxige S of 7pages)
~"of~
~QU8(~4~2
If Louder exercises this option, Leader shall give Borrower notice of acceleration. The notice shall provide a period of
not less than 30 days from the date the notice is given iu accordance with Section 15 within which Borrower must pay all sums
secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Louder may
invoke any remedies penuitted by this Security Iustrtunent without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain couditious, Borrower shall have the
right to have enforcement of this Security Instrunteut discontinued at any tune prior to the earliest of: (a) five days before sale
of the Property pursuant to arty power of sale contained itt this Security Iustrwtteut; (b) such other period as Applicable Law
might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument.
Those couditious are that Borrower: (a) pays Louder all stuns which then would be due under this Security Iustrunteut 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 Iustrutnent, 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 Iustrwneut; and (d) takes such action as Lender may reasonably require to assure that Lender's interest iu the Property
and rights under this Security htstrtunent, and Borrower's obligation to pay the Bunts secured by this Security Instrument, shall
continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses iu one or more of the
following forms, as selected by Leader: (a) cash; (b) ntouey order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Iustrutneut and
obligations secured hereby shall remain fully effective as if uo 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 Services; Notice of Grievance. The Note or a partial interest iu the Note (together
with this Security Instrumment) eau be sold one or more thees without prior notice to Borrower. A sale might result in a change
in the entity (known as the "Loan Services") that 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 Wright be one or more changes of the Loau Services unrelated to a said of the Note. If there is a change of the Loau
Services, Borrower will be given written notice of the change which will state 'the name and address of the new Loau Services,
the address to which payments should be made and any other information RESPA requires in cotmectiou with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loau Services other than the purchaser of the
Note, t(te mortgage loan servicing obligations to Borrower will remain with the Loau Services or be transferred to a successor
Loan Services and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may comnteuce, joie, or be joined to any judicial action (as either au individual litigant or
the member of a class) that arises front 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 iu 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 time 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 and opportunity to cure given to Borrower pursuant to
Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used iu this Section 21: (a) "Hazardous Substances" are those substances defined as
toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene,
other flanunable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
fonmaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Emvirotmtetttal Law; and (d) au "Euvirotunental Condition" means a
condition that can cause, contribute to, or otherwise trigger au Environmental Cleanup.
Borrower shall trot cause or permit the presence, use, disposal, storage, or release of arty 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 Environmental Law, (b) which creates au Environmental
Condition, or (c) which, due to the 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 the 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
maintenance of t(te 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 outer action by
any governmental or regulatory agency or private party involving the Property and arty Hazardous Substance or Environmental
Law of which Borrower has actual knowledge, (b) any Environmental couditiou, including but not lhnited 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
govertuuental or regulatory. authority, or any private party, that any removal or other remediatiou of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions iu accordance with
Ettvirotunental Law. Nothing herein shall create any obligation on Louder for an Ettvironttental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Louder further covenant and agree as follows:
22. Acceleration; Remedies. Lettdet• 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, trot 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 cute the default on or before the date specified in the 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 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 outer remedies permitted by Applicable Law. Lender 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 itt each county in which any pact of the
Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to
the otltet• persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public
notice of sale to the persons attd in the mannet• 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 itt Otte or more parcels attd in any order Tt•ustee 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. Louder or its designee
tnay 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 exet•cising 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.
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (prtge 6 of 7prtges)
6 ot~
~~0804~.~
23. Reconveyance. Upon payment of all souls secured by this Security h~strumeut, Lender shall request Trustee to
recouvey the Property and shall surrender this Security Instrument and all cotes evidencing debt secured by this Security
Instrtuuent to Trustee. Trustee shall recouvey the Property without warranty to the person or persons legally entitled to it.
Such person or persons shall pay any recordation costs. Leader 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, may from tune to time remove Trustee and appoint a successor trustee to
any Trustee appointed hereunder by au 1llStCUlllellt recorded in the county iu which this Security Iustruineut is recorded.
Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties cot>ferred upon
Trustee herein and by Applicable Law.
25. Request for Notices. Borrower requests that copies of the notice of default and sale be scut to Borrower's address
which is the Property Address.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained iu this Security Instrument
and in any Rider executed by Borrower and recorded with it.
. ... ....~~.. ......................................... (Seal)
EFRAIN SAN~OVAL -Borrower
~~J
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ea
M A SAN~OVAL -Borrower
[Space Below This Line For Acknowledgment]
STATE OF NEBKASKA n JJ
County of ....... . . ........ ~QQ,/rl5
The foregoing iustrwnent was acknowledged before uie this .01;24;2008 . . .. . . . . . . . . . . . . .. . . . .......... . ....... . . ....................
...................................(date) by EFRAIN.SAND.QYp1.;.MA91.ASAN.44YAl,.NUS~ANP.AN4.~N.IFF...........,......................................
.............................................. ............................................... acme o rsou acknowle g )
.... . (u f pe d ed .
My Coiumissiou expires:l-~//
.v
ENERAL NOTARY State of Nebraska Notary Pubiic
DEBRA J. BARTUNEK
My Comm. Exp. Feb. 5, 2011
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 (/xzge 7oj7pzges)
'J of~
Exhibit A
A tract of land located in the Northeast Quarter (NE1/4) of
Section Thirty-Four (34), Township Six (6) North, Range Ten (10)
West of the 6th P.M., Adams County, Nebraska, said tract being
more particularly described as follows: Commencing at the
Northeast corner of the Northeast Quarter (NEl/4) of Section 34,
Township 6 North, Range 10 West of the 6th P.M., Adams County,
Nebraska; running thence South 00°13'11" East (assumed bearings)
and along the East line of the said NEl/4 of said Section 34, a
distance of 933.08 feet to the ACTUAL POINT OF BEGINNING; thence
continuing South 00°13'11" East and along the said East line of
the said NEl/4 a distance of 1191.24 feet; running thence North
89°53'54" West a distance of 1092.00 feet; running thence South
00°13'11" East and parallel to the said East line of the said
NE1/4 a distance of 517.00 feet to a point located on the South
line of the said NE1/4 of said Section 34; running thence North
89°53'54" West and along the said South line of the said NEl/4 a
distance of 619.96 feet; running thence North 01°17'12" West a
distance of 156.27 feet; running thence North 89°04'06" East a
distance of 97.00 feet; running thence North 04°05'58" East a
distance of 103.22 feet; running thence North 89°23'50" East a
distance of 180.30 feet; running thence North 00°17'13" West a
distance of 546.49 feet; running thence North 86°26'51" East a
distance of 120.94 feet; running thence North 00°59'43" West a
distance of 356.39 feet; running thence South 89°57'10" West a
distance of 267.51 feet; running thence North 04°03'23" West a
distance of 151.84 feet; running thence North 00°48'32" West a
distance of 383.94 feet; running thence South 90°00'00" East a
distance of 968.38 feet; thence continuing South 90°00'00" East
a distance of 627.832 feet, more or less, to the ACTUAL POINT OF
BEGINNING, the Easterly 33.00 feet thereof being occupied by
public road right-of-way
of