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DEFINITIONS
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[Space Above This Line For Recording Data]
DEED OF TRUST
ADAMS COUNTY, NE
FILED
INST. N0. 2_ .a~Q 5 5 5
Date - a-o£t Time y-'o7
~~~~
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 iu this docwneut are also provided in Section 16.
(A) "Security Instrument" means this docutneut, which is dated ........................ P?: Q5;?DOQ, , , , , , .. , , .. , , , , , .. , ....... , ,, together
with all Riders to this document.
(B) "Borrower" is .MICNA~~.~•.TH.CIS,.ASI.NQi~.?~RS4I~ ...............................................................................................
......................................................................................................................................................... .
Borrower is the trustor under this Security Instrutneut.
(C) "Lender" is BANK OF DONIPHAN .................................................................,.............................................. .
Leader is a .GPft?QRATIQN ........................................................................................... organized and existing under
the laws of .THq S?AT.~ A.E NgQRASKA .........................................Leader's address is . P.o.4P.X.2?4. A4N!PH9N,.N~. s$Q3?:4?7.q......
......................................................................................................................................................... .
Lender is the beneficiary under this Security Instrunteut.
(D) "Trustee" is BANK OFOONIPHAN PO BOX270,DONIPHANINE,68832,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,•,. •
(E) "Note" means the promissory note signed by Borrower and dated 0,~•05.20Q8,,,,,,,,,,,,,,,,„.,,,,,,.,,,,.,,,,,,,,,,.......,.,, ,The
Note states that Borrower owes Lender FRRTY.THQUSANAFJGHT.HUNQRJ;4SIXTY.SEYJ;NANAbal,1,qq,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
. • ... • ............................................ Dollars (U. S. $ 40,867;53, , , , . , , , , . , , ... , , , .. , , • .) plus interest. Borrower has promised to
pay this debt iu regular Periodic Payuieuts and to pay the debt iu full not later than .....................02•(7a•?A13.....................
(F) "Property" means the property that is described below under the Iteadiug "Transfer of Rights in the Property."
(G) "Loan" uteans 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 Instruttteut 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 Uuit Development 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, non-appealable judicial. opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are
unposed on Borrower or the Property by a coudomiuiutn association, homeowners association or snnilar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or sunilar
paper iustrwnent, which is initiated through au electronic tenniual, telephonic iustrutueut, 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 Invited to,
point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated
clearinghouse transfers.
(L) "Escrow Items" means those items that are described in 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 iu 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 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.
(~J) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any
amounts under Section 3 of this Security Instrutueut.
(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. fart 3500), as they might be amended from tune to time, 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 unposed iu regard to a "federally related mortgage loan" even if the Loau does not qualify as a "federally
related mortgage loan" under RESPA.
(Q) "Successor in Interest of Borrower" uteans 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 Iustruutent.
NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17!2000
ref: 1(2001 (page I of 7 pngesJ
uiiiiiiuiiouiiii'
/ of 7
TRANSFER OF RIGHTS IN THE PROPERTY ~ 0,~ ~ O
This Security Instruineut secures [o Leader: (i) the repayment of the Loan, and all renewals, extensions and modifications of
the Note; and (ii) the perfonnauce of Borrower's coveitauts and agreements under this Security Instrutneut and the Note. For
this purpose, Borrower irrevocably grants aitd conveys to Trustee, in trust, with power of sale, the following described
property located iu the ...................................................REGIS.TEB.OF.QEEAS...................... ... ........ o
................. f
IType of Recording Jurisdiction]
. ADAMS.GA.UNTY ............................................................... . .............
[Name of Recording Jurisdiction]
THE SOUTH ONE HUNDRED FIVE (S 105) FEET OF THE EAST TWENTY~NINE (E 29) FEET OF LOT THREE (3) AND THE SDUTH ONE HUNDRED FIVE (S 105) FEET OF LOT
FOUR (4), BLOCK TWELVE (12-, HILLSIDE ADDITION TO THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF
which curreittly has the address of ................................................406 W, 9TH,ST; , , , , , , , , , , , , , , , , .. , .............................. .
[Street]
,,,,,,,,,,,,,,,,,,,,,,,,,,,,HASTINGS ,.,.,,,,,,,,,,,, Nebraska 6 (P p y ress )
............. . , ...................:6.401..................... ro ert Add ~~
[City] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected ou the property, and all easements, appurtenances,
and fixtures now or hereafter a part of the property. All replacetneitts aitd additions shall also be covered by this Security
Iustruinent. All of the foregoing is referred to is this Security Iitstrmneut as the "Property."
BORRUWEI2 COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for eucuinbrauces of record. Borrower warrants .and
will defend generally the title to the Property against all claims and demands, subject to anyeucutnbrauces of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and uou-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when due the principal of, and interest 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 Iustruineitt shall be made in U.S. currency. However, if any check or other iustrmneut received by Lender as payment
under the Note or this Security Instrument is returned to Leader unpaid, Lender may require that any or all subsequent
payments due under the Note and this Security Ltstruineut be made iu one or more of the following forms, as selected by
Lender; (a) cash; (b) money order; (c) certified check, battle 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.
Payments are deemed received by Leader when received at the location designated iu the Note or at such other location
as may be designated by Leader in accordance with the notice provisions iu Section 15. Leader may return any payment or
partial payment if the payment or partial payments are insufficient to bring the Loan current. Leader may accept any payment
or partial payment insufficient to bring the Loau current, without waiver of any rights hereunder or prejudice to its rights to
refuse such payment or partial payments in the .future, but Lender is not- obligated to apply such payments at the time such
payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest ou
unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan 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 unmediately prior to foreclosure.
No offset or claim which Borrower might have now or iu the future against Lender shall relieve Borrower from making
payments due under the Note and this Security Instrument or perfoniting the covenants and agreements secured by this Security
Instruineut.
2. Application of Payments or Proceeds. Except as otherwise described iu this Section 2, all payments accepted and
applied by Lender shall be applied iu the following order of priority: (a) interest due under the Note; (b) principal due under
the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it
became due. Any remaining amounts shall be applied first to late charges, second to any other ainouuts due under this Security
Instrwnent, and thou to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to
pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic
Payment is outstanding, Lender may apply any payment received from Borrower to the repaymeut of the Periodic Payments if,
and to the extent that, each payment can be paid in full. To the extent that any excess exists after the paynieut is applied to the
full payment of one or more Periodic Payments, such excess may be applied to any late charges due.. Voluntary prepayments
shall be applied first. to any prepayment charges and then as described iu the Note.
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 Note, until
the Note is paid iu full, a suin (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 enctunbrance ou the Property; (b) leasehold payments
or ground rents on the Property, if any; (c) premiwns for any and all insurance required by Leader under Section 5; and (d)
Mortgage Insurance preniiuins, if any, or airy sums payable by Borrower to Leader in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origiitation or
at any tune during the term of the Loan, Lender may require that Coutittuitity Association Dues, Fees, and Assessments, if any,
be escrowed by Borrower, and such dues, fees and-assessments shall bean Escrow Item. Borrower shall promptly furnish to
Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless
Lender waives. Borrower's obligation to pay the Funds- for any or all Escrow Items. Lender may waive Borrower's obligation
to day to Lender Funds for anY or all Escrow Iteiils 'at any time. Any such waiver may only be iii writing. Iv; the event .vf such
waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for whicli payment of
Funds has. been waived by Leader and, if Leader requires, shall furnish to Lender. receipts evidencing such payment within
such time period as Leader may require. Borrower's obligation to make such payments and to provide receipts ; liall' for"'all
purposes be deemed to be a covettaut and apreemeat contained in this Security Instrument, as the phrase "coveiiaut and
agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver,;:a~d'"B'bTCCiW~t
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ----~--.-En[n1.,3028 1/01
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (page 2 of 7psgesJ
~ r /
2000555
fails to pay the amount due for au Escrow Item, Leader clay exercise its rights under Section 9 and pay such atnouut and
Borrower shall then be obligated under Section 9 to repay to Leader any such amount. Leader may revoke the waiver as to any
or all Escrow Items at any tune by a notice given iu accordance with Section 15 and, upon such revocation, Borrower shall pay
to Leader all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any true, collect and hold Funds in au atuouut (a) sufficient to peruit Lender to apply the Funds at the
tune specified under 12ESPA, and (b) not to exceed the maxnnutn amount a leader can require under 12ESPA. Lender shall
esthnate the amount of Funds due on the basis of current data and reasonable estunates of expenditures of future Escrow Items
or otherwise in accordance with Applicable Law.
The Funds shall be held m an institution whose deposits are insured by a federal agency, instrwueutality, or entity
(including Lender, if Louder is an institution whose deposits are so insured) or iu any Federal Home Loau Battk. Lender shall
apply the Funds to pay the Escrow Items no later than the time specified. under RESPA. Leader shall not charge Borrower for
holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Louder, pays
Borrower interest ou the Funds and Applicable Law permits Lender to make such a charge. Utiless an agreement is made iu
writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest
or earnings ou the Funds. Borrower and Leader eau agree in writing, however, that interest shall be paid ou the Funds. Leader
shall give to Borrower, without charge, au annual accounting of the Funds as required by 12ESPA.
If there is a surplus of Funds held itt escrow, as defined under 12ESPA, Louder shall account to Borrower for the excess
funds in accordance with 12ESPA. If there is a shortage of Funds held iu escrow, as defined under RESPA, Lender shall notify
Borrower as required by 12ESPA, and Borrower shall pay to Leader the amount necessary to stake up the shortage in
accordance with 12ESPA, but in no more than 12 ntouthly payments. If there is a deficiency of Funds held iu escrow, as
defined under 12ESPA, Lender shall notify Borrower, as required by 12ESPA, and Borrower shall pay to .Leader the amount .
necessary to make up the deficiency itt accordance with 1ZESPA; but in ao more than 12 moutltly payments.
Upon payment in full of all sums secured by this Security Instrument, Leader shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assesstneuts, charges, fines, and impositions attributable to the
Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,
and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower
shall pay them m the mauuer provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
in writing to the payment of the obligation secured by the lieu in a mauuer acceptable to Leader, but only so long as Borrower
is performing such agreement; (b) contests the lieu iu good faith by, or defends against enforcement of the lien 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 lieu an agreement satisfactory to Lender
subordittatiug the lien to this Security Iustrtuuent. If Leader deteruiues that any part of the Property is subject to a Lieu which
eau attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lieu. Within 10 days of
the date ou which that notice is given, Borrower shall satisfy the lieu or take one or more of the actions set forth above iu this
Section 4.
Lender may require Borrower to pay a one-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 improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the tenor "extended coverage," and any other hazards including, but not
limited to, earthquakes and floods, for which Leader requires insurance. This iusurauce shall be maintained in the antouuts
(including deductible levels) and for the periods that Lender requires. What Leader requires pursuant to the preceding
sentences can change during the tens of the Loau. The iusurauce carrier providing the iusurauce shall be chosen by Borrower
subject to Leader's right to disapprove Borrower's choice, which right shall not be exercised uureasottably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone detenuittatiou, certification
and tracking services; or (b) a one-time charge for. flood zone determination and certification services and subsequent charges
each time rentappings or suuilar changes occur which reasonably might affect such determination 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 detenuittation resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain iusurauce coverage, at Lender's
option and Borrower's expense. Louder is under no 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 iu the Property, or
the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was
previously 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 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 disbursenteut and shall be payable, with such interest, upon notice front Lender to Borrower requesting payment.
All insurance policies required by Leader and renewals of such policies shall be subject to Lender's right to disapprove
such policies, shall include a standard mortgage clause, and shall ttatne Lender as mortgagee and/or as au additional loss payee.
Lender shall have the rig(tt to hold the policies and renewal certificates. If Leader requires, Borrower shall promptly give to
Leader all receipts of paid premiums and renewal notices. If Borrower obtains any forni of insurance coverage, not otherwise
required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee altd/or as au additional loss payee.
In the event of loss, Borrower shall give prompt notice to the iusurauce carrier and Lender. Lender may make proof of
loss if not made promptly by Borrower. Utiless Lender and Borrower otherwise agree in writing, any iusurauce 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,
Leader shall have the right to hold such insurance proceeds until Leader has had au 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 may disburse proceeds for the repairs and restoration in a single payment 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 insurance
proceeds, Leader shall Itot be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or
other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of
Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the iusurauce
proceeds shall be applied to the sutras secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Leader may file, negotiate and settle any available insurance claim and related
matters. If Borrower does not respond within 30 days to a notice from Lender that the iusurauce carrier has offered to settle a
claim, then Leader 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 amounts unpaid under the Note or this Security Instrument, and (b) any
other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all iusurauce
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Leader tuay use tiro
insurance proceeds either to repair or restore the Property or to pay autouuts unpaid under the Note or this Security Instrument,
whether or not then due.
6. Occupancy. Borrower shall occupy, establish, attd 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, utiless Lender otherwise agrees iu writing, which consent shall not be
unreasonably withheld, or utiless exteuuatiug circwnstauces exist which are beyond Borrower's control.
NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 1/01
Bankers Systems, Inc., St. Cloud, MN Form MD-i-NE 8/17/2000 (page 3 of 7pag¢s)
t /
2QQQU555
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or
unpair the Property, allow the Property to deteriorate or couanit waste on the Property. Whether or not Borrower is residing in
the Property, Borrower shall maintain the Property iu order to prevent the Property from deteriorating or decreasing in value
due to tts condition. Utiless 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
condenutatiou proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for
repairing or restoring the Property only if Leader has released proceeds for such purposes. Leader may disburse proceeds for
the repairs and restoration iu a single payment or iu a series of progress payments as the work is completed. If the insurance or
coudeumatiou proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation
for the completion of such repair or restoration.
Leader or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Leader tray inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior
to such au interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be iu 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 iufornatiou or statements to Lender (or failed to provide Leader with, material ittfornatiou) in
connection with the Loan. Material representations include, but are not Incited 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 covettauts 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 Insttuttteut (such as a proceeiiitig~ in
bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security
Instrmnent or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Leader 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. Lender's actions
eau include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b)
appearing in court; and (c) paying reasonable attorneys' fees to protect its interest iu the Property and/or rights under this
Security Iustrutment, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not
limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from
pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender
may take action under this Section 9, Leader does not have to do so and is not under any duty or obligation to do so. It is
agreed that Leader incurs uo liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrtument. These atuouuts shall bear interest at the Note rate from the date of disbursement and shall be payable, with
such interest, upon notice from Leader to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee title to the Property, the leasehold attd the fee title shall not merge utiless Leader agrees to the merger iu writing.
10. Mortgage Insurance. If Leader required Mortgage Insurance as a condition of making the Loau, Borrower shall
pay the premiums required to maintain the Mortgage Iusurauce iu effect. If, for any reason, the Mortgage Insurance coverage
required by Leader ceases to be available froth the mortgage insurer that previously provided such insurance and Borrower was
required to make separately designated payments toward the premitms for Mortgage Insurance, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from au altercate mortgage
insurer selected by Leader. If substantially equivalent Mortgage Ittsurauce coverage is trot available, Borrower shall continue to
pay to Leader the atnouut of the separately designated payments that were due when the iusurauce coverage ceased to be in
effect. Leader will accept, use and retain these payments as anon-refundable loss reserve iu lieu of Mortgage Ittsurauce. Such
loss reserve shall be non-refundable,- notwithstanding the fact that the Loan is ultimately paid iu full, and Leader shall not be
required to pay Borrower any interest or earnings on 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 au insurer selected by Leader
again becomes available, is obtained, and Leader requires separately designated payments toward the premiums for Mortgage
Insurance. If Leader required Mortgage Insurance as a condition of making the Loau and Borrower was required to make
separately designated payments toward the premiums for Mortgage Iusurauce, Borrower shall pay the premiums required to
maintain Mortgage Insurance iu effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage
Iusurauce ends iu accordance with any written agreement between Borrower and Leader providing for such ternittatiou or until
termination is required by Applicable Law. Nothing in 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 trot repay the Loau as agreed. Borrower is not a party to the Mortgage Iusurauce.
Mortgage insurers evaluate their total risk on all such iusurauce in force from tune to tune, and may cuter into
agreements with other parties that share or modify their risk, or reduce losses. These agreenteuts are ou terns and conditions
that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require
the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may -
include funds obtained front Mortgage Insurance prentiunts).
As a result .of these agreements, Leader, 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 Wright 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 agreement provides that an affiliate of Lender takes a share of insurer's risk iu exchange for a
share of the premiums 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,agreetnemts will not affect the rights Borrower has--if any--with respect to the Mortgage. Insurance
under the Ilomeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain
disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated
automatically, and/ot• to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. Assigmneut of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall
be paid to Leader.
If'thc 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,
Leader 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 mtdertakeu promptly.
Lender may -pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless au 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 on 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 Instrument, 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.
Iu the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied
to the sums secured by this Security Ittstrtunent, whether or not 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 Form MD-1-NE 8/17/2000 (page 4of7pages)
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In the event of a partial taking, destruction, or loss iu value of the Property in which the fair market value. of the
Property immmediately before the partial taking, destruction, or loss is value is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and
Leader otherwise .,agree in writing, the sums secured by this Security Instrunneut shall be reduced by the atnouut of the
Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immmediately before the
par[ial'takiug, destruction, or loss m value divided by (b) the fair market value of the Property hmmediately before the. partial
taking, .destruction, or loss in value. Any balance shall be paid to Borrower.
Iu the event of a partial taking, .destruction,. or loss in value of the Property iu which the fair miarket value of the
Property innnediately before the partial taking, destruction, or loss iu value is less than the amount of the sums secured
innnediately before the partial taking, destruction, or loss is value, unless Borrower and Lender otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Iustrurmeat whether or not the sums are then due.
If the Property is abaudorted by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined
in the next sentence) offers to make au award to settle a clann for damages, Borrower fails to respond to Lender within 30 days
after the date tite notice is given, Leader is authorized to collect artd apply the Miscellaneous Proceeds either to restoration or
repair of the Property or to the Burns secured by this Security Instrument, 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 crnniual, is begun that, is Lender's judgment,
could result in forfeiture of the Property or other material itupairmeut of Lender's interest iu the Property or rights under this
Security Instrument. Borrower cult cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by
causing t)}e action or, proceeding- to be dismissed with. a ruling that,: is Lender's judgment, precludes .forfeiture of the Property
or other material intpairrnent of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any
award or claim for damages that are attributable to the impairment of Lender's interest is the Property are hereby assigned and
shall be paid to Leader.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tune for payment or
modification of amortization of the summs secured by this Security Iustrwneat granted by Lender to Borrower or any Successor
in Interest of Borrower shall trot operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender
shall not be required to comm~euce proceedings against any Successor in Interest of Borrower or to refuse to extend time for
payment or otherwise modify amortization of the Burns secured by this Security Iustruutent by reason of any demand made by
the original Borrower or nay Successors in Interest of Borrower. Aay forbearance by Lender in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors iu Interest of
Borrower or in amounts less than the antouut then due, shall not be a waiver of or preclude the exercise of nay right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants artd 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 Instrunteut Duly to mortgage, grant and convey the
co-signer's interest iu the Property under the terns of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Leader and nay other Borrower can agree to extend, modify, forbear or
make any accontntodatiotts with regard to the terns of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, arty Successor itt Interest of Borrower who assumes Borrower's obligations
under this Security Instrument in writing, and is approved by Leader, shall obtain all of Borrower's rights and benefits under
this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security
Irtstrurnent uriless Lender agrees to such release iu 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. Lender may charge Borrower fees for services performed iu connection with Borrower's default,
for the purpose ofprotecting Lender's interest in the Property and rights under this Security Instrument, including, but not
limited to, attorneys' fees, property irtspectiott attd valuation fees. Iu regard to any other fees, the absence of express authority
is this Security Iustrwnent to charge a specific fee to Borrower shall not be construed as a prohibition ou the charging of such
fee. Leader may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets ntaxnnutm loan charges, and that law is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with the Loau exceed the permitted limits, then: (a) any such
loan charge shall be reduced by the amount accessary to reduce the charge to the permitted limit; and (b) any sums already
collected from Borrower which exceeded permitted limits will be refunded to Borrower. Leader may choose to make this
refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces
principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment
charge is provided for under the Note). Borrower's acceptance of nay 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.
15. Notices. All notices given by Borrower or Lender iu connection with this Security Instrument must be in writing.
Aay notice to Borrower in counectioa with this Security Instrmneut 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 menus. Notice to any one
Borrower shall constitute notice to all Borrowers uriless Applicable Law expressly requires otherwise. The notice address shall
be the Property Address uriless 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 Due
designated notice address under this Security Instrument at any one tune. Aay notice to Lender shall be given by delivering it
or by mailing it by first class mail to Lender's address stated herein artless Lender has designated another address by notice to
Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until
actually received by Lender. If arty notice required by this Security Instrument is also required under Applicable Law, the
Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. Tltis Security Iustruuieut shall be governed by federal law
and the law of the jurisdiction iii which the Property is located. All rights and obligations contained in this-Security btstrwnent
are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or nnplicitly 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 Instrwneut or the Note conflicts with Applicable Law, such
conflict shall not affect other provisions of this Security Instruuneut or the Note which eau be given effect without the
conflicting provision.
As used iu 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 and include the plural and vice versa; and (c) the
word "rnay" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrunteut.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used is this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
transferred iu a bond for deed, contract for deed, instatlateut sales contract or escrow agreement, the intent of which is the
transfer of title by Borrower at a future date to a purchaser.
1f 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
imm~ediate payment in full of all Bunts secured by this Security Instrument. However, this option shall not be exercised by
Lender if such exercise is prohibited by Applicable Law.
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
Bankers Systems, Inc., St. Cloud, MN Form MD-7-NE 8/17/2000 (jXtge 5 of 7pnges)
.i
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If Lender exercises this option, Lender shall give Borrower notice of acceleratiou. The uotice shall provide a period of
not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all stuns
secured by this Security Instrument. If Borrower fails to pay these sutras prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Iustrarneut without further uotice 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 time prior to the earliest of: (a) five days before sale
of the Property pursuant to airy power of sale contained iu this Security Iustrutuettt; (b) such other period as Applicable Law
might specify for the termittatiou of Borrower's right to reinstate; or (c) entry of a judgtment ettforciug this Security Instrument.
Those conditions are that Borrower: (a) pays Leader all stuns which then would be due under this Security Instrument and the
Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Iustrumeut, 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 Iustrutment; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property
and rights under this Security Instrmnent, and Borrower's obligation to pay the sums secured by this Security Iustruument, shall
continue unchanged. Lender may require that Borrower pay such reinstatement stuns and expenses iu one or more of the
following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided atry such check is drawn upon au institution whose deposits are insured by a federal agency,
instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Iustrutment and
obligations secured hereby shall remain fully effective as if uo acceleration had occurred. However, this right to reinstate shalt
not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together
with this Security Instrurneut) can be sold one or more times without prior uotice to Borrower. A sale tiiight result in a change
in the entity (known as the "Loan Servicer") 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 might be one or more changes of the Loau 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 cltauge which will state the name and address of the new Loan Servicer,
the address to which payments should be made and any other iufonmation RESPA requires in couuectiott with a uotice of
transfer of servicing. If the Note is sold and thereafter the Loau is serviced by a Loan Servicer other than the purchaser of the
Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor
Loan Servicer and are not assumed by the Note purchaser unless ot(erwise provided by the Note purchaser.
Neither Borrower nor Leader may commence, join, or be joined to any judicial action (as either au individual litigant or
the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the
other party has breached any provision of, or any duty owed by reason of, this Security Iustrumeut, until such Borrower or
Lender has notified the other party (with such uotice given in compliance with the requirements of Section 15) of such alleged
breach and afforded the other party hereto a reasonable period after the giving of such uotice 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 acceleratiou and opportunity to cure given to Borrower pursuant to
Section 22 and the uotice of acceleratiou given to Borrower pursuant to Section 18 shall be deemed to satisfy the uotice 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 Enviromneutal Law and the following substances: gasoline, kerosene,
other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or euviromneutal protection; (c) "Enviromneutal Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) au "Enviromneutal Condition" means a
condition that can cause, contribute to, or otherwise trigger au Enviromneutal Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property (a) that is in violation of any Enviromneutal Law, (b) which creates an Environnental
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 ou the Property
of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products). `
Borrower shall promptly give Leader written uotice of (a) any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviromneutal
Law of which Borrower has actual knowledge, (b) any F.,nviromnental Condition, including but not 1united to, any spilling,
leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any couditiou 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
governmental 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 accessary remedial actions in accordance with
Euvirommetttal Law. Nothing herein shall create any obligation ou Lender for au Enviromneutal Cleanup.
NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or 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 the default on or before the date specified in the notice may result in acceleratiou 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 vtstrument without
further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be
entitled to collect all expe~tses incurred in pursuing the remedies provided in this Section 22, including, but not limited
to, reasonable attorneys' fees and costs of title evidence.
If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the
Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to
the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public
notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without deinaud on Borrower,
shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the
notice of sale in o~te or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel
of the Property by public announcement at the titre and place of any previously scheduled sale. Lender or its designee
may purchase the Property at any sale.
Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying. the
Property. The recitals iu the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.
Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of
sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as
permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or
persons legally entitled to it.
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1101
Bankers Systems, Inc., St, Cloud, MN Form MD-1-NE 8/17/2000
(page 6 of 7 pages)
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20080555
23. Recouveyauce. Upon payment of all sums secured by this Security histrutnent, Leader shall request Trustee to
reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
Instrument to Trustee. Trustee shall reconvey the Property without warranty to the persou or persons legally entitled to it.
Suclt person or persons shall pay any recordation costs. Lender may charge such persou or persons a fee for recouveyiug the
Property, but .only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging. of the fee is
permitted under Applicable Law.
24. Substitute Trustee. Lender, at its option, may from tune to tune remove Trustee and appoint a successor trustee to
any Trustee appointed hereunder by au instrument recorded in the cou~ity in which this Security Instrument is recorded.
Without couveyauce 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 seat to Borrower's address
which is the Property Address.
BY SIGNING BELOW, Borrower accepts and agrees to the teens and covenants contained in this Security Instrument
and in any Rider executed by Borrower and recorded with it.
r
. ,
......
.. .. ~5-~.~rr...~ ... ~~/~(J ....................... (Seal)
MICHAEL E. THEIS -Borrower
...................................................................... (Seal)
-Borrower
[Space Below This Line For Acknowledgment]
STATE OF NEBRASKA n James
County of ........................ ...................
The foregoing iustrutnent was acknowledged before me this .02;1]5;2008
...............................................................
....................................(date) by MICHAEL.E..THEM,.A.SINGi.E.PbRSGN.........................................................................
........:......:..................................................................................(uatne of persou acknowledged).
My Commission expires:.?--i/
............ /.~~~d~~. .......................... ~~' ....................... .
Notary Public
ENERAL NOTAflY State of Nebraska
DEBRA J. BARTUNEK
INy Camm. Exp. Feb. 5, 2011
NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 Form 3028 1/01 (page 7of 7pages)
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