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DEED OF TRUST
DEFINITIONS
ADAMS COUNTY, NE
FILED
tNST. N0. `~ Q~ 7 ~ 2
Dated-°Z~.O~ Time ~~;:,~.~ih
~~ ~'
REGISTER OF DEEDS
Words used in multiple sections of this docwneut are defined below and other .words are defined iu Sections 3, 11, 13, 18, 20
and 21. Certain rules regarding the usage of words used in this document are also provided iu Section 16. -
(A) "Security Instrument" means this document, which is dated ........................ Q2: ~7: ~Aq$............................. , together
with all Riders to this docuuiert[.
(B) "Borrower" is LE;gNAE3P.J, A4TJ.WA~E?.ANA STE:PHANl~.E~: GgTTWA~R. HA$E3ANP. A.NP.W.IFS ..........................................................
................................................................................................................................................ .
Borrower is the trustor under this Security Iustrtuneut.
(C) "Lender" is BAIVKOF~ONIPHAN,••,,,,,•„•,,,••„••.
Lender is a .GDRE'E)BATIgN... ........................................................... ~ .... • • • ... • • .. • • . • organized and existing under
the laws of .THE:$TAT~QFNgq~A$KA,,,,,,,•,•••,,,•.,,,,,••,••,••••.•.••,•• .Leader's address is .P.P.k3AX.2?4. R4NIP}IAIV,,N~,6Ql}~~;Q2Jq•„•„
Leader is the beneficiary under this Security Instrument.
(D) "Trustee" is BANK OF pONIPHAN• P.,O; BOX 270 DONIPHAN, NE 68832
........................................................................................................ .
(E) "Note" meatrs the promissory cote signed by Borrower and dated RZ-2?•24q$ .....................................................The
Note states that Borrower owes Lender JHI};Ty.FI.V.~ TEipIiSANE).F.OUR HUNAR~A NINE:TY:S~YAN.ANA 1.51.1.q0 ..........................................
••••••••••••••••••••••••••••• ..................... Dollars (U.S. $ 35,497;75,••„•„•.••„••,•.•••••) plus interest. Borrower has promised to
pay this debt iit regular Periodic Payments and to pay the debt iu full not later than ..................... 0~: P.1: 2A13.....................
(F) "Property" means the property that is described below under the heading "Transfer of Rights iu the Property. "
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note,
and all scans due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Iustruuieut that are executed by Borrower. The following Riders are to be
executed by Borrower [check box as applicable]:
^ Adjustable hate Rider ^ Condominium Rider ^ Second Home Rider
^ Balloon Rider ^ Plauued Unit 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, uou-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 condominium association, homeowners association or shnilar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or snnilar
paper iustruaneut, which is initiated through au electronic tenniual, telephonic i.ustrumeut, computer, or magnetic tape so as to
order, instruct, or authorize a fittancial institution to debit or credit au account. Such teen includes, but is not limited to,
point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated
clearinghouse transfers.
(L) "Escrow Items" 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 iu Sectio~r. 5) for: (i) damage to, or destruction of, the
Property; (ii) coudenutatiou or other taking of all or any part of the Property; (iii) conveyance iu lieu of condemnation; or (iv)
misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default ou, the Loau.
(O) "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 Iustruznent.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its nnplementing regulation,
Regulation X (24 C.F.R. Part 3500), as they might be atueuded from tune to tune, or any additional or successor legislation or
regulation that governs the same subject matter. As used iu this Security Instrwneut, "RESPA" refers to all requirements and
restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally
related mortgage loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has
assumed Borrower's obligations under the Note and/or this Security Instrument.
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Bankers Systems, Inc„ St. Cloud, MN Form MD-1-NE 8/17/2000
ref: 1 /2001 (pzge 1 of 7 prtg~esJ
/ of 7
iiiiiii
1 ,.
20080'752
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrtuneut secures to Lender: (i) the repayuieut 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 Instrwnent 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 ...................................................6F.GIS.TAR.OF.QEF-A$..................................................... of
[Type of Recording Jurisdictionl
A49MS.GP.1lNTY .............................................................................
[Name of Recording Jurisdiction]
LOT SEVEN 171, BLOCK TWO 121, CLELAND'S ADDITION TD THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF.
which currently has the address of ............................................1907 WEST 5TH,STREET,,,,,,,,,,,,,,,,,,;,,,,,,,,_,,,,.,,...,,
[Street]
............................HASTINGS............................., Nebraska ...................6b841..................... ("Property Address"):
[City] [Zip Code]
TOGETHER WITH all the nnprovemeuts now or hereafter erected ou the property, and all easements, appurtenances,
and fixtures now or hereafter a part of the property. • All replacements and additions shall also be covered by this Security
Iustrmneut. All of the foregoing is referred to to this Security Iustrutnent as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is uueucutubered, except for eucwnbrauces of record. Borrower warrants and
will defend generally the title to the Property against all claims and demands, subject to any euctuubrauces of record.
THIS SECURITY INSTRUMENT combines uuiforn covenants for national use and non-uniforn covenants with Lunited
variations by jurisdiction to constitute a uuiforn security instrument 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 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 S'ectiou 3. Payments due under the Note and this
Security Iustruuieut shall be made in U.S. currency. However, if any check or other instrtuneut received by Lender as payment
under the Note or this Security Instrument is returned to Lender unpaid, Leader may require that any or all subsequent
payments due under the Note and this Security Iustrutneut be made iu one or more of the following forms, as selected by
Leader: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such
check is drawn upon au institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic
Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other location
as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or
partial payment if the payment or partial payments are insufficient to bring the Loau current. Lender may accept any payment
or partial payment insufficient to bring the Loau current, without waiver of any rights hereunder or prejudice to its rights to
refuse such payment or partial payments iu the future, but Leader is not obligated to apply such payments at the time such
payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Leader need not pay interest on
unapplied funds. Louder 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, Lender 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 hnmediately prior to foreclosure.
No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower from making
payments due under the Note and this Security Instrmnent or perfonniug the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described iu this Section 2, all payments accepted and
applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under
the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment iu the order in which it
became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security
Instrmnent, and then to reduce the principal balance of the Note.
If Leader 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 repayment of the Periodic Payments if,
and to the extent that, each payment can be paid iu full. To the extent that any excess exists after the,paymeut is applied to the
full payment of one or more Periodic Payments, such excess may be applied to any (ate charges due. Voluntary prepayments
shall be applied first to any prepayment charges and then as described iu the Note.
Auy application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not
extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender ou the day Periodic Payments are due under the Note, until
the Note is paid in full, a sum (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 eucutnbrauce ou the Property; (b) leasehold payments
or ground rents ou the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d)
Mortgage Insurance premiums, if any, or any stuns payable by Borrower to Lender iu lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items. " At origination or
at any time during the teen of the Loau, Lender may require that Comnluuity Association Dues, Fees, and Assessments, if any,
be escrowed by Borrower, and such dues, fees and assessments shall be au Escrow Item. Borrower shall promptly furnish to
Lender all notices of amowtts to be paid under this Section. Borrower shall pay Leader the Funds for Escrow Items utiless
Lender waives Borrower's obligation to pay the Funds for any or all Escrow ifeuis. Lender may waive Borrower's obligation
to day to Lender Funds for auk or all Escrow Items at any time. Any such waiver may only be in writing. Tu [he event of such
waiver, Borrower shall pay directly, when and where payable; fhe' atiiouufs due for any Escrow Reins for which payment of
Funds has been waived by Lender and, if Leader requires, shall furtush to Lender receipts evidencing, such payment within
such time period as Leader may require. Borrower's obiigatioti~~fo tiiake such`paymeuts and•to provide relrei~ts shall for al'l
purposes be deemed to be a coyenaut and agreement contained iu this Security Instrument, as.,tllc...(~Ii~e "cov~,~uei
agreement" is used is Section 9. If Borrower is obligated to pay Escrow Items directly, pur~uai~t to a waiver;. and Borrower
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ""'~` '" 1'`.,....,.».^Fornrti~928 1/01
i:~~;..4 ~:I,
Bankers Systems, Inc., St, Cloud, MN Form MD-1-NE 8/17/2000 (page 2 of 7 petges) _ ~ ,~
pCi d f /
2UU80'7~2
fails to pay the amount due for au Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and
Borrower shall then be obligated under Section 9 to repay to Leader any such atnouut. Leuder may revoke the waiver as to any
or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay
to Leader all Funds, and in such amounts, that are then required under this Section 3.
Leuder may, at any time, collect and hold Funds in au amount (a) sufficient to permit Leuder to apply the Funds. at the
true specified under RESPA, and (b) not to exceed the maxhmtun amount a leader eau require under 12FSPA. Lender shall
esthnate the amount of Funds due on the basis of current data and reasonable esthnates of expenditures of future Escrow Items
or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Leuder, if Leuder is an institution whose deposits are so insured) or in any Federal Home Loau Batik. Leader shall
apply the Funds to pay the Escrow Items no later than the tune specified under 1ZESPA. Lender shall not charge Borrower for
holding and applying the Funds, annually analyzing the escrow account, or gerifyiug the Escrow Items, utiless Leuder pays
Borrower interest on the Funds and Applicable Law permits Leuder to make such a charge. Utiless au agreement is made iu
writing or Applicable Law requires interest to be paid on the Funds, Leader shall not be required to pay Borrower any interest
or earnings ou the Funds. Borrower and Leuder can agree in writing, however„ that interest shall be paid ou the Funds. Leader
shall give to Borrower, without charge, an annual accounting of the Funds as required by 12ESPA.
If there is a surplus of Funds held iu escrow, as defined under 1tESPA, Leuder shall account to Borrower for the excess
funds in accordance with 12ESPA. If there is a shortage of Funds held in escro}7/, as defined under RESPA, Leader shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount- necessary to make up the shortage in
accordance with I2ESPA, but iu uo more than 12 monthly payments. If there is a deficiency of Funds held iu escrow, as
defined under 12ESPA, Leuder shall notify Borrower as required by 1ZESPA, and Borrower shall pay to Lender the amount
accessary to make up the deficiency in accordance with 12ESPA, but in uo more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Iustrurneut, Leader shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and iurpositiotrs attributable to the
Property which eau attain priority over this Security Instrwneut, leasehold payments or ground rents ou the Property, if any,
and Coumiunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower
shall pay them in the manner provided in Sectiou 3.
Borrower shall promptly discharge any lieu which has priority over this Security Instrument unless Borrower: (a) agrees
in writing to the payment of the obligation secured by the lien in a manner acceptable to Leader, but otily so long as Borrower
is performing such agreement; (b) contests the lien iu good faith by, or defends against etrforcemeut of the lien iu, legal
proceedings which in Lender's opinion operate to prevent the enforcement of the lieu while those proceedings are pending, but
only until such proceedings are concluded; or (c) secures from the holder of the lieu au agreement satisfactory to Lender
subordinating the lien to this Security Iustrurneut. If Lender deteruiues that any part of the Property is subject to a lieu which
eau attain prtority over this Security Instrument, Leuder 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
Sectiou 4.
Lender may require Borrower to pay aone-tune charge for a real estate tax verification and/or reporting service used by
Lender iu connection with this Loau.
5. Property Insurance. Borrower shall keep the irrrproverneuts now existing or hereafter erected ou 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 Leuder requires itrsurauce. This tusurauce shall be maintained iu the arnouuts
(including deductible levels) acrd for the periods that Lender requires. Wlrat 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 not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loau, either: (a) a one-tune charge for flood zone determination, certification
and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges
each time renrappiugs or sunilar changes occur which reasonably might affect such deteruiuatiou or certification. Borrower
shall also be responsible for the payment of any fees unposed by the Federal Emergency Management Agency iu connection
with the review of any flood zone deternirratiou resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Leuder may obtain insurance coverage, at Lender's
option and Borrower's expense. Lender is under uo obligation to purchase any particular type or aruouut of coverage.
Therefore, such coverage shall cover Leuder, but might or might not protect Iorrower, 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 iu effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the
cost of insurance that Borrower could have obtained. Any amounts disbursed by Leader under this Section 5 shall become
additional debt of Borrower secured by this Security Instrument. These atnouuts 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.
All insurance policies required by Leuder 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 Leuder as mortgagee and/or as au additional loss payee.
Lender shall leave the right to hold the policies and renewal certificates. If Lender requires, Borrower shalt promptly give to
Lender all receipts of paid premiwns and renewal notices. If Borrower obtains any fora of insurance coverage, not otherwise
required by Leuder, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as au additional loss payee.
In the event of loss, Borrower s(rall give prompt notice to the insurance carrier and Lender. Lender may make proof of
loss if not made promptly by Borrower. Unless Leuder and Borrower otherwise agree in writing, any insurance proceeds,
whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,
Leuder 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.
Leuder may disburse proceeds for the repairs and restoration iu a single payment or iu a series of progress payments as the
work is completed. Utiless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance
proceeds, Lender shall not be required to pay Borrower any interest or earnings ou such proceeds. Fees for public adjusters, or
other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of
Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the iusuratrce
proceeds shall be applied to the sums secured by this Security Iustrwneut, whether or not then due, with the excess, if any,
paid to Borrower. Such insurance proceeds shall be applied iu the order provided for in Sectiou 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance clahn and related
matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a
claim, then Leuder 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 Leuder (a) Borrower's rights to
any insurance proceeds in au 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 prenriwns paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Leuder may use the
ntsurauce proceeds either to repair or restore the Property or to pay atnouuts unpaid under the Note or this Security Instrument,
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 Iustrutuent and shall continue to occupy the Property as Borrower's principal residence for
at least one year after the date of occupancy, utiless Leader otherwise agrees in writing, which consent shall not be
unreasonably withheld, or utiless extenuating circurustauces exist which are beyond Borrower's control.
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 (jxzge 3 of 7 pzgesJ ~
~~ T ~ .
20080'752
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall trot destroy, datttage or
httpair tiro Property, allow the Property to deteriorate or cottmmit waste on the Property. Whether or not Borrower is residing in
the Property, Borrower shall maintain the Property iu order to prevent the Property front deteriorating or decreasing in value
due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,
Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation 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 Lender has released proceeds for st}ch purposes. Leader may disburse proceeds for
the repairs and restoration in a single payment or in a series of progress paynteuts as the work is completed. If the insurance or
condeuutation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation
for the cotmpletiott of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Leader Wray inspect the tnterior of the improvements on the Property. Leader shall give Borrower notice at the tune of or prior
to such an 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, represeutatiaus concerning Borrower's
occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property'attd Rights Under this. Security Instrument. If (a) Borrower fails
to perform the covenants and agreements contained in this Security Instrutneut, (b) there is a legal proceeding that might
significantly affect Lender's interest iu the Property and/or rights under this Security Instrument (such as a proceeding iu
bankruptcy, probate, for coudemmtatiou or forfeiture, for enforcement of a lien which Wray attain priority over this Security
Instrwnent 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 in the Property and rights under this Security Iustrtument,
iucludittg protecting attd/or assessing the value of the Property, and securing and/or repairing the Property. Leader's actions
eau include, but are not limited to: (a) paying any Bunts secured by a lieu which has priority over this Security Instrument; (b)
appearing in court; and (c) paying reasonable attorneys' fees to protect its interest is the Property and/or rights under this
Security Instrwneut, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not
limited to, catering 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 ou or off. Although Lender
may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is
agreed that Lender incurs uo 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 Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with
such interest, upon notice from Lender to Borrower requesting payment.
If this Security htstrarneut 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 not merge unless Lender agrees to the merger is writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall
pay the pretttiunts required to tttaitttaiu the Mortgage Iusurauce iu effect. If, for any reason, the Mortgage Iusurauce coverage
required by Leader ceases to be available from the tttortgage 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
pretttimns required to obtain coverage substantially equivalent to the Mortgage Iusurauce previously iu effect, at a cost
substantially equivalent to the cost to Borrower of the Mortgage Iusurauce previously iu effect, froth au altercate mortgage
insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to
pay to Louder the amount of the separately designated payments that were due when the insurance coverage ceased to be in
effect. Lender will accept, use and retain these payments as anon-refundable lhss reserve in lieu of Mortgage Iusurauce. Such
loss reserve shall be uou-refundable, notwithstanding the fact that the Loau is ultimately paid in full, and Leader shall not be
required to pay Borrower any interest or earnings oa such loss reserve. Lender can ao 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 Leader
again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Iusurauce. If Leader required Mortgage Insurance as a condition of making the Loan 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 in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage
Iusurauce ends in accordance with any written agreement between Borrower and Leader providing for such termination or until
termtittatiott is required by Applicable Law. Notltittg iu this Section 10 affects Borrower's obligation to pay interest at the rate
provided in the Note.
Mortgage Iusurauce reimburses Leader (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 Iusurauce.
Mortgage insurers evaluate their total risk on all such insurance in force from tune to tune, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are ou ternts and conditions
that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require
the mortgage insurer to make paynteuts using any source of funds that the mortgage insurer may have available (which Wray
include funds obtained from Mortgage Insurance prentitums).
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, Wray receive (directly or indirectly) atnouuts that derive from (or might be characterized
as) a portion of Borrower's payments for Mortgage Iusurauce, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreement provides that au affiliate of Lender takes a share of insurer's risk in exchange for a
share of the premiums paid to the insurer, the arrangement is often termed "captive reittsuraace." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or
any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,
and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower 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 termittafed
automatically, attd/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 itas 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.
Lender 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 in writing or Applicable Law requires interest to be paid on such Miscellaneous
Proceeds, Leader shall trot be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not ecououucally feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
applied to the stuns secured by this Security Instrunteut, whether or not then due, with the excess, if any, paid to Borrower.
Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied
to the Baths secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ m 30~28~j1-/~01
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (prtge 4of 7yrtgesf o ~J
'~ of 7
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Iu the event of a partial taking, destruction, or loss iu value of the Property iu which the fair market value of the
Property inmiediately before the partial taking, destruction, or loss iu value is equal to or greater than the amount of the sums
secured by this Security Instrwneut immediately before the partial taking, destruction, or loss iu value, unless Borrower and
Leader otherwise agree itt writing, the sums secured by this Security Instrutneut shall be reduced by the amount of the
Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss itt value divided by (b) the fair market value of the Property immediately before the partial
taking, destruction, or loss iu value. Auy balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss iu value of the Property in which the fair market value of the
Property inunediately before the partial taking, destruction, or loss iu value is less than the ammount of the sums secured
nnmediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument whether or not the stuns are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined
itt the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Leader within 30 days
after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or
repair of the Property or to the stuns 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 in regard
to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or crunittal, is begun that, iu Lender's judgment,
could result iu forfeiture of the Property or other material unpairneut of Lender's- interest iu the Property or rights under this
Security Iustrtuuent. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in 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 in the Property or rights under this Security Instruument. The proceeds of any
award or claim for damages that are attributable to the iuipairnent 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 iu Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tune for payment or
modification of amortization of the sums secured by this Security Iustrumeut granted by Lender to Borrower or any Successor
in Interest of Borrower shall not operate to release the liability of Borrower or'any Successors iu Interest of Borrower. Lender
shall not be required to couuneuce proceedings against any Successor in Interest of Borrower or to refuse to extend tune for
payment or. otherwise modify atnorti7~atiou of the sutras secured by this Security Instrtuneut by reason of any demand made by
the original Borrower or any Successors in Interest of Borrower. Any forbearance by Leader iu exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors iu Interest of
Borrower or iu amounts less than the amount thou due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Iustrumeut
but does not execute the Note (a "co-signer"): (a) is co-signing this Security Iustrumeut Duly to mortgage, grant and convey the
co-signer's interest iu the Property under the terns of this Security Instrutneut; (b) is not personally obligated to pay the sums
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 terns of this Security Iustrumeut or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor iu Interest of Borrower who assumes Borrower's obligations
under this Security Instrtuneut in writing, and is approved by Lender, 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
Iustrwnent utiless Lcuder agrees to such release in writing. The covenants and agreements of this Security Iustrumeut shall bind
(except as provided iu 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 Iustrumeut, 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 Iustrutuent 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 Iustrumeut or by Applicable Law.
If the Loau is subject to a law which sets tnaxintutu loan charges, aad that law is finally interpreted so that the interest
or other loan charges collected or to be collected iu connection with the Loau exceed the permitted 1units, thee: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted Inuit; and (b) any sums already
collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this
refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces
principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment
charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All-notices given by Borrower or Lender iu connection with this Security Instrument must be in writing.
Airy notice to Borrower in connection with this Security Instrument 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 Due
Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall
be the Property Address utiless Borrower has designated a substitute notice address by notice to Lender. Borrower shall
promptly notify Lender of Borrower's change of address. If Louder specifies ~ procedure for reporting Borrower's change of
address, then Borrower shall oiily report a change of address through that' specified procedure. There may be oiily Due
designated notice address under this Security Instrmnent at any one time. Auy notice to Lender shall be given by delivering it
or by mailing it by first class mail to Lender's address stated herein unless Leader has designated another address by notice to
Borrower. Any notice in connection with this Security Iustrumeut shall not be deemed to have been given to Lender until
actually received by Leader. If any notice required by this Security Iustrumeut 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. This Security Iustrumeut shall be governed by federal law
and the law of the jurisdiction iu which the Property is located. All rights and obligations contained iu this Security Instrument
are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the
parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by
contract. In the even[ that any provision or clause of this Security Iustrumeut or the Note conflicts with Applicable Law, such
conflict shall not affect other provisions of this Security Iustrummeut or the Note which eau be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the
word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial 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 iu a bond for decd, contract for deed, installment sales contract or escrow agreement, the intent of which is the
transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest 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, Lcuder may require
munediate payment in full of all sutras secured by this Security Iustrtunent. 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 l Form 3028 1/01
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 6 /1 712 0 00 (page 5 of 7 pages)
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If Leader 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 in accordance with Section 15 within which Borrower must pay all sums
secured by this Security Instrument. If Borrower fails to pay these stuns prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall leave the
right to have enforcement of this Security Instrwnent discontinued at any time prior to the earliest of: (a) five days before sale
of the Property pursuant to any power of sale contained iu this Security Instrument; (b) such other period as Applicable Law
might specify for the terninatiou of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument.
Those conditions are that Borrower: (a) pays Leader all stuns which then would be due under this Security Iustrwnent and the
Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred iu enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and
valuation fees, and other fees incurred for the purpose of protecting Leader's interest iu the Property and rights under this
Security Instrwneut; and (d) takes such action as Lender may reasonably require to assure that Leader's interest iu the Property
and rights under this Security Instrwuent, and Borrower's obligation to pay the sums secured by this Security Instrument, shall
continue unchanged. Leader may require that Borrower pay such reiustatemeut sums and expenses iu one or more of the
following forms, as selected by Leader: (a) cash; (b) money 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,
iustrtuneutality or entity; or (d) Electronic Funds Transfer. Upon reiustatemeut by Borrower, this Security Instrument 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 Servicer; Notice of Grievance. The Note or a partial interest iu the Note (together
with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change
in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrwueut
and performs other mortgage loan servicing obligations wider 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 Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,
the address to which payments should be made and any other iuforuiatiou RESPA requires iu connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loau is serviced by a Loau Servicer other than the purchaser of the
Note, the mortgage loan servicing obligations to Borrower will remain with the Loau Servicer or be trat>sferred to a successor
Loan Servicer and are not asswned by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender 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 Instrument, until such Borrower or
Leader has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged
breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action eau be taken, that three 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 in this Section 21: (a) "Hazardous Substances" are those substances defined as
toxic or hazardous substances, pollutants, or wastes by Enviromnental Law and the following substances: gasoline, kerosene,
other flauunable or toxic petrolewn products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials; (b) "Enviromnental Law" means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or enviromnental protection; (c) "Enviromnental Cleanup" includes any response
action, remedial action, or removal action, as defined iu Enviromnental Law; and (d) au "Enviromnental Condition" means a
condition that eau cause, contribute to, or otherwise trigger au Enviromnental Cleanup.
Borrower shall not cause or pernit the presence, use, disposal, storage, or release of any Hazardous Substances, or
tltreaten to release any Hazardous Substances, ou 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 Enviromnental Law, (b) which creates au Enviromnental
Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage ou the Property
of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claun, demand, lawsuit or other action by
any govertuneutal or regulatory agency or private party involving the Property and any Hazardous Substance or Enviromnental
Law of which Borrower has actual knowledge, (b) any Euvirotmieutal Condition, including but not limited 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
govermuental or regulatory authority, or any private party, that any removal of other remediation of any Hazardous Substance
affecting the Property is accessary, Borrower shall promptly take all u~cessary remedial actions in accordance with
Enviromnental Law. Nothing herein shall create any obligation ou Leader for an Enviromnental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further coveuart 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 aiotice may result in acceleration of the sums
secured by this Security Listrument 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 other 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 in each county in which any part of the
Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to
the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public
notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower,
shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the
notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel
of the Property by public announcement at the time and place of any previously sclreduled sale. Lender or its designee
may purchase the Property at any sale.
Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.
Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of
sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as
permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or
persons legally entitled to it.
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 (pnge G of 7prtgeSJ
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2008052
23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Leader shall request Trustee to
recouvey the Property and shall surrender this Security Instrument and all cotes evidencing debt secured by this Security
Instrument 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. Lender may charge such person or persons a fee for reconveyiug the
Property, but only if the fee is paid to a tltird party (such as the Trustee) for services rendered and the charging of the fee is
permitted under Applicable Law.
24. SuUstitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to
any Trustee appointed hereunder by au instrumment recorded iu the county iu which this Security Instrutneut is recorded.
Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon
Trustee herein and by Applicable Law.
25. Request for Notices. Borrower requests tltat copies of the notice of default and sale be sent to Borrower's address
which is the Property Address.
BY SIGNING BELOW, Borrower accepts and agrees to the tenors and coveuauts contained iu this Security Instrument
and in any Rider executed by Borrower and recorded with it.
........................ ......... ........ ................ (Seal)
LEONARD J. GOTTWALD•~ -Borrower
...~,-l. .... ....................... (Seal)
STEPH NIE D. GOTTWALD -Borrower
[Space Below This Line For Acknowledgment]
STATE OF NEBRASKA
County of .... ....... .... ADAMS
The foregoing instrument was acknowledged before me this .02;27;2008
................................................................
...................................(date) by I,~ON.ARP.J,.G4?.T.~NA44~~TEPHANIE.4,G.QT?.N1A1,4.H~SF3ANP.ANQ.W.~F~........................................
.............................................................. ..............................(uauie of person acknowledged).
My Coumnission expires: 09~19~2010
...........................
I~TAR1l'~OIIr1~/ilki Notary Pu Ic
JUDYA.SOUKUP JU A.SOUKUP
Comm. .Sept. 19,2010
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Bankers Systems, Inc„ St. Cloud, MN Form MD-t-NE 8/17/2000 Form 3028 1/01 (page 7of7puges)
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