HomeMy WebLinkAbout20080776NUM !'GS
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DEFINITIONS
I~II~III~IIIIIU~IIIIIIIIII!VRlfll!~
ADAMS COUNTY, NE
FILED
INSt. N0. ~ "I 7 6
~" Dated-aR-~~Time 0• OAM
NUM _~~ ~ i~ ~ ~'
RD. COMP ~`y ~''3~ ~~~~
REGISTER OF DEEDS
COMPARE _~~/
CADAS -- AO /
[Space Above This Line For Recording Data1
DEED OF TRUST
Words used in multiple sections of this document arc defined below and other words are defined in Sections 3, 11, 13, 18, 20
and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated .... . ... . ......... . ..... P2.2z-2A4$........ , .. , . , , , , . , , , , . , , . , . g her
. , to et
with all Riders to this document.
(B) "Borrower" is .~,AW,~~N.G4,~~.SAN.ST.AN.4:~!~?N.M,~PNS?,.HUSQ?(a4.ANAWIF~ ................•.....,..........,....,,...,.....,.,,...,.,...........
Borrower is the trustor under this Security Instrument.
(C) "Lender" is .BANK.4FoQNIP.HAN ..................................................................................
Leader is a ,QPRPQPATl4N .......................... .... ,...:.,...,...•...............er
rga an isti red
fire laws of . THE STA,T,~ AF NQQBASKA ....... . . . . ................ . ..... . ..... •, • • en er. s.... ress is ... ~AX.2?Q, N.IPH?N,. d .6,4 .2.7.4 .....
L d add P P AQ N~ 942.0
Lender is the beneficiary under this Security Instrument. I
(ll) "Trustee" is BANK OFp01VIPl-IAIV, P.O.,BOX270,DONIPHAN,NE 68832 ,,,,,,,,,,,,,,,•,,,•,•,••••••• ;
(E) "Note" means fire promissory note signed by Borrower and dated 42•R2-2Q49 .. . .... . ............... . . .. , . , .. , , , .... , , . , , , .The
Note states that Borrower owes Lender F1ETY. ~IQH.T, ,T,y011SAN4.E4UR HUNARFR EIGHTY.NIN~.A~14.251100 . .......... . . . . ............ . . . . . .. . .. . . .
••••••••••••••••••••••••••..•.••.•....,...... Dollars (U S $ 584 924 us interest Borrower Ira onuse to
..... ...~ $ ...........................) Pl ~ d
s pr
pay this debt in regular Periodic Payments and to pay fire debt in full not later than ..................... P2•Pa•2A13.....................
(P') "Property" means the property that is described below under the heading "Transfer of Rights in the Property. "
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note,
and all Bunts due under this Security Instrument, plus interest.
(II) "hiders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be
executed by Borrower [check box as applicable]:
^ Adjustable Ratc Rider ^ Condominium Rider ^ Second Home Rider
^ Balloon Rider ^ Planned 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, non-appealable judicial opinions,
(J) "Cotmmtnity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are
unposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other titan a transaction originated by check, draft, or shnilar
paper instrument, which is initiated through an electronic terntinal, telephonic instrument, computer, or magnetic tape so as to
order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not lhnited to,
point-of sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated
clearinghouse transfers.
(L) "Escrow Items" means those itcnts 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 in Section 5) for: (i) damage to, or destruction of, the
Property; (ii) condemnation or other taking of all or any part of fire Property; (iii) conveyance in lieu of condetttnation; 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 Loan.
(O) "Periodie Payment" means fire regularly scheduled amount due for (i) principal and interest under fire Note, plus (ii) any
amounts under Section 3 of this Security Instrument.
(1') "RL+'Sl'A" means fife Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation,
Regulation X (24 C.F.R. Part 3500), as they might be amended from three to thlte, or any additional or successor legislation or
regulation that. governs the same subject matter, As used in this Security Instrument, "RESPA" refers to all requirements and
restrictions that are unposed 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 Intet•est of Borrower" means any party that has taken title to fire Property, whether or not that party has
assumed Borrower's obligations under fife Note and/or this Security Instrument.
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 1 of7pagesJ
I~III~IIIINIIIBI~I
Of
;zooso7~rs
TRANSFER OF RIGHTS IN THF., PROPERTY
This Security Instrument. secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of
the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For
this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described
property located in the . . ....... . ........................... . ..... . .. . . BF.GISTEF.OF.OFl;4S... , , ... , , ......... , ...... , .................... of
[Type of Recording Jurisdiction]
.AAAMS.GAUNT~f ................................. ....,.................,.,..,.......
[Neme of Recording Jurisdiction]
LOT FIFTY-SEVEN (57-, COUNTRY CLUB ADDITION TO THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA, ACCDRDING TO THE RECORDED PLAT THEREOF
GLAN
which currently ltas the address of . .......................................... . ..414. RlN.. , .. p RQAA ... , ................. , .................. , ..... .
[Street]
............................ N.ASTIhI,GS.... , .................... , .. ,Nebraska ... , .............. 6.a89J... , ................. ("Property Address")
[City] (Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances,
and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. "
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and ]tas the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record.' Borrower warrants and
will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-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 Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment
under the Note or this Security Instrument is returned to Lender unpaid, Lender tray require that any or all subsequent
payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by
Lender: (a) cash; (b) tuoney order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such
check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic
Funds Transfer,
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 Loan current. Lender may accept any payment
or partial payment insufficient to bring the Loan current, without waiver of any rights ]tereunder or prejudice to its rights to
refuse such payment or partial payntcnts 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 on
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, 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 hiunediatcly prior to foreclosure.
No offset or clahn which Borrower might have now or in the future against Lender shall relieve Borrower from making
payments due under the Note and this Security Instrument or perfornting the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in 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 payntcnts 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 amounts due under this Security
Instrument, and then 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 repayment 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 payment 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 in the Note.. =
Any application of payntcnts, 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 on the day Periodic Payments arc due under the Note, until
the Note is paid in full, a sum (the "Funds") tb provide for payment of amounts due for: (a) taxes and assessments and other
items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments
or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d)
Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in 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 throe during the tern of the Loan, Lender may require that. Comm~unity Association Dues, Fees, and Assessments, if any,
be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to
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 pay to Lender Funds' for any or all Escrow Items at any. nne. _ Any such waiver may only be im writing. In the event of .such
waiver,_-.Borrower"shall-pay -directly, when and where payable, the amounts due for any Escrow Iteitis for 'which payment of
Funds has been waived by Lend,~r and, if Lender. requires, .shall. furnish to Lender receipts evidencing; such payment within
such thiie period'as Lender inay require. Borrower's obligation to make such payntcnts and~~to provide neCeipts shall for all
purposes•-• be deemed„ to ,bp;, a. covenant and agreement contained in this Security Instrument, as„A,(U~.,,,phrase "covenant,,,-and.
'' agteement_ is used m Section 9..If Borrower is obligated to pay Escrow Items directly, pur~uaai~ to a waiveraiand Borrower
-NEBRASKA Bin'gle"'Family-Faririie IVlae/Freddie Mac UNIFORM INSTRUMENT ~^•^^^Forr»~1A28 1/01..
Bankers Systems;-Inc; Bt::°CISUd; MN,'FormMD'-1-NE 8/17/2000 (pnge 2 of 7J~ngesJ a . - '~.~
y; . .
.., ~of7
2U08U'7'~6
fails to pay the amount due for an 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 Lender any such amount. Lender Wray revoke the waiver as to any
or all Escrow Items at any tune by a notice given in accordance with Section 15 and, upon such revocation; Borrower shall pay
to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any tune, collect and hold Funds in an amount (a) sufficient to perntit Lender to apply the Funds at the
tune specified under 12ESPA, and (b) not to exceed the maxitttnut amount a lender can require under 12ESPA. Lender shall
estunate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
or otherwise in accordance with Applicable Law,
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home .Loan Bank, Lender shall
apply the Funds to pay the Escrow Items no later than the time specified under 12ESPA. Lender shall not charge Borrower for
holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays
Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in
writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest
or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds, Lender
shall give to Borrower, without. charge, an annual accounting of the Funds as required by ]ZESPA.
If there is a surplus of Funds held in escrow, as defined under R1:SPA, Lender shall account to Borrower for the excess
funds in accordance. with RESPA. If there is a shortage of Funds held in escrow, as defused under l2ESPA, Lender shall notify
Borrower as required by I2ESPA, and Borrower shall pay to Lender the amount= necessary to make up the shortage in
accordance with I2F.,SPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as
defined under 12ISPA, Lender shall notify Borrower as required by 12ESPA, and Borrower shall pay to Lender the amount
necessary to make up the deficiency in accordance with I2ESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and unpositions attributable to the
Property wlticlt can attain priority over this Security Instrument, leasehold payntettts or ground rents on the Property, if any,
and Community Association Dues, Fees, and flssessments, if any. To the extent that these items are Escrow Items, Borrower
shall pay them in the manner 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 lien in a manner acceptable to Lender, but only so long as Borrower
is perforating such agreement; (b) contests the lien in 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 lien while those proceedings are pending, but
only until such proceedings are concluded; or (c) secures front the holder of the lien an agreement satisfactory to Lender
subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of
the date on which that notice is given, Borrower shall satisfy the lien or.take one or more of the actions set forth above in this
Section 4.
Lender Wray require Borrower to pay cone-tune 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 unproventents now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not
lunited to, earthquakes and floods, for wltich Lender requires insurance. This insurance shall be maintained in the ammounts
(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
sentences can change during the tern of the Loan. 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 tray
require Borrower to pay, in connection with this Loan, either: (a) a one-tune charge for flood zone determination, certification
and tracking services; or (b) a one-fume charge for flood .zone determination and certification services and subsequent charges
each time rentappings or sunilar changes occur which reasonably might affect such deterntination or certification. Borrower
shall also be responsible for the payment of any fees unposed by the Federal Emergency Management Agency in connection
with the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's
option and Borrower's expense. Lender is under 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 in the Property, or
the contents of the Property, against any risk, hazard or liability and might. provide greater or lesser coverage than was
previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the
cost of insurance that Borrower could have obtained, Any amounts disbursed by Lender under this Section 5 shall become
additional debt of Borrower secured by this Security Instrument. These ammounts 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.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove
such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee.
Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. If Borrower obtains any fora 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 Warne Lender as mortgagee and/or as an additional loss payee.
In the event. of loss, Borrower shall give prompt notice to the insurance carrier and. Lender. Lender tray make proof of
loss if not made promptly by Borrower. Unless Lender- 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,
Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to
ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the
work is contplcted. Unless 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 interesk 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 insurance
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, Lender may file, negotiate and settle any available insurance claun and related
matters. If 13orrowcr does Wok respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a
claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event,
or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (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 insurance
policies covering the Property, insofar as such rights arc applicable to the coverage of the Property. Lender may use the
insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,
whether or not then due.
G. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days
after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for
at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances 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 (j~nge 3 of 7pnges)
tom/ ,'
OC
2008U"7`76
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or
hnpair the Property, allow the Property to deteriorate or conuttit waste on the Property. Whether or not Borrower is residing in
the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value
due to its condition. Linless 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 such purposes. Lender may disburse proceeds for
the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or
condemnation proceeds arc not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation
for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect. the interior of the hnprovennents on the Property. Lender shall give Borrower notice at the tune of or prior
to such an interior inspection specifying such reasonable cause.
8. Borrower's Loau Application. Borrower shall be in default if, during the Loan application process, Borrower or
any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,
misleading, or inaccurate information or statements to Lender (or failed to provide Lender with- material infontnation) in
connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's
occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property, and Rights Under this. Security Instrument. If (a) Borrower fails
to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might
significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in
bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security
Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender tray do and pay for
whatever is reasonable or appropriate to protect Lender's interest in 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
can include, but arc not lhnited to: (a) paying any Bunts secured by a lien which has priority over this Security Instrument; (b)
appearing in court; artd (c) paying reasonable attorneys' fees to protect its interest in flue Property and/or rights under this
Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not
limited to, entering the Property to ttnake repairs, change locks, replace or board up doors and windows, drain water front
pipes, elhninate building or other code violations or dangerous conditions, and have utilities turned on or off, Although Lender
Wray take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is
agreed that Lender incurs no liability for not. taking any or all actions authorized under this Section 9.
Any atuounts disbursed by Lender 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 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 and the fee title shall not merge unless Lender agrees to the merger in writing,
10. Mortgage Iusurauce. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall
pay the premiums required to maintain the Mortgage Insurance in effect, If, for any reason, the Mortgage Insurance coverage
required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was
required t.o make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the
pretttiuttts required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost
substantially equivalent. to flue cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage
insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in
effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such
loss reserve shall be non-refundable, notwiUtstanding the fact that the Loan is ulthuately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve, Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender
again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance, 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
Insurance ends in accordance with any written agreement between Borrower and Lender providing for such terniination 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 Insurance rennburses Lender (or any entity that purchases the Note) for certain losses it may incur if
Borrower does not. repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to tune, and may enter into
agreements with outer parties that share or modify their risk, or reduce losses. 'T'hese agreements are on tents and conditions
that arc satisfactory to the mortgage insurer and the other party (or parties) to these agreements. 'T'hese agreements may require
the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which Wray
include funds obtained from Mortgage Insurance premiums),
f1s a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any outer entity, or
arty affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized
as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreement provides that an 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 terned "captive reinsurance. "Further:
(a) Any such agreements will not affect the amounts that Iorrower 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 }till not affect the rights Borrower has--if any--with respect to the Mortgage Insurance
under the IIomeowmers 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 Iusurauce premiums that were unearned at the time of such
cancellation or terrttittation.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall
be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration~period,
Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property
to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly,
Lender tuay pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is
coutpletcd. LTnlcss an agrecntent is made in writing or Applicable Law requires interest to be paid on such Miscellaneous
Proceeds, Lender shall not be required to pay Borrower any interest or earnings 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 runts secured by this Security Instrument, 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 flue Propert-y, the Miscellaneous Proceeds shall be applied
to the Bunts secured by this Security Instrument, whether or not then due, with the' excess, if any, paid to Borrower.
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 ~~nge 4 of 7pngesf
~f o t 7
~ooso~r~s
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property hmnediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums
secured by this Security Instrument itmmediately before the partial taking, destruction, or loss in value, unless Borrower and
Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the
Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured unntediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property intntediately before the partial
taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which. the fair .market value of the
Property nnmediately before the, partial taking, destruction, or loss in value is less than the amount of tltc sums secured
inunediately 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 sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined
in the next sentence) offers to make an award to settle a claun for damages, Borrower fails to respond to Lender within 30 days
after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or
repair of the Property or to the sutras 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 cruminal, is begun that, in Lender's judgment,
could result in forfeiture of the Property or other material uiipaimtent of Lender's interest in the Property or rights under this
Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by
causing the action or proceeding tc~~ be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property
or other material unpaimtent of Lender's interest in the Property or rights under this Security Instrument, The proceeds of any
award or claun for damages that arc attributable to tltc unpaimtent of Lender's interest in 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 in the order
provided for in Section 2,
12. Borrower Not Released; forbearance By Lender Not a Waiver. I/xtension of the tune for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor
in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender
shall not be required to couuncnce proceedings against any Successor in Interest of Borrower or to refuse to extend tune for
payment: or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by
the original Borrower or any Successors in Interest of Borrower.. Any forbearance by Lender in exercising any right or remedy
including, without lunitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of
Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy,
13. Joint and Several Liability; Co-signers; Successors and Elssigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument
but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, •grant and convey the
co-signer's interest in the Property under the teens of this Security Instrument; (b) is not personally obligated to pay the sutras
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any acconunodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations
under this Security Instrument 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
Instrument. unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind
(except as provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default,
for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, 'including, but not
lunited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority
in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such
fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets ntaxunum 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 Loan exceed the permitted lhnits, then: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sutras already
collected front Borrower which exceeded pemtitted lumits 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 Ilorrowcr. If a refund reduces
principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prcpayntent
charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
constitute a waiver of any right of action Borrower Wright have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.
Any 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 sent by other means. Notice to any one
Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise, 'The notice address shall
be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall
promptly notify Lender of Borrower's change of address. If Lender specifics a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be only one
designated notice address under this Security Instrument at any one tune. Any notice to Lender shall be given by delivering it
or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to
Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until
actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the
Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument.
1G. Governing Law; Severabillty; RllICS Of COI1Stt'llCtlOit. This. Security Instrument shall. be governed by federal law
and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument
are subject to any requirements and lumitations of Applicable Law. Applicably Law might explicitly or unplicitly allow the
parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by
contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
words or words of the feminine gender; (b) words in the singular shall mean 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 hI Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not lumited to, those beneficial interests
transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the
transfer of title by Borrower at a future date to a purchaser,
If all or arty part of the Property or any Interest itt 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 tray require
uiunediate payment in full of all sums 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 MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 1101
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 6/17/2000 ~~nge 5 of 7 j)ngesf
`/7`''' y/- 7 - 0
2QQ80'7'76
If Lender exercises this option, Lender 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 sums prior to the expiration of this period, Lender Wray
invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
19. Borrower's Rigltt 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 any power of sale contained in this Security Instrument; (b) such other period as Applicable Law
might specify for the tcrlination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument.
Those conditions arc that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the
Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and
valuation fees, and otlter fees incurred for fire purpose of protecting Lender's interest in the Property and rights under this
Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property
and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall
continue wtcltanged. Lender may require that Borrower pay such reinstatement sums and expenses. in 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 any such check is drawn upon an institution whose deposits are insured by a federal agency,
instruutentality or entity; or (d) Electronic Funds Transfer, Upon rcittstatement by Borrower, this Security Instrument and
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
not apply in the case of acceleration under Section 18. i
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together
with this Security Instrument) can be sold one or more tunes without prior notice to Borrower. A sale Wright result in a change
in fire entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument
and perforts other ntortgagc loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There
also might. be one or more changes of the Loan Servicer unrelated to a sale of fire Note, If there is a change of the Loan
Servicer, Borrower will be given writien notice of the change which will state the name and address of fire new Loan Servicer,
the address to which payments should be made and any other information RESPA requires in connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the
Note, fire mortgage loan servicing obligations to Borrower will remain with fire Loan Servicer or be transferred to a successor
Loan Servicer and are not assumed 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 an individual litigant or
the metmber of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the
other party has breached any provision of, or any duty owed by reason of, this .Security Instrument, until such Borrower or
Lender has notified the otlter 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 tame period which nmst elapse before certain action can be taken, that time period will be deemed to
be reasonable for purposes of this paragraph, The notice of acceleration and opportunity to cure given to •Borrower pursuant to
Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20.
21. Iazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as
toxic or hazardous substances, pollutants, or wastes by Envirotunental 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) "Envirotnmental Law" means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Envirotunental Condition" means a
condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not. cause or pemtit 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 Environmental Law, (b) which creates an Environmental
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 on the Property
of small quantities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not Ihmited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, clahn, demand, lawsuit or otlter action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not lhnited to, any spilling,
leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use
or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any
govertunental or regulatory authority, or any private party, that any removal or other rentediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's
bt•each of auy covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 mtless
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-ht acceleration of the scans
secured by this Security Instrument and sale of the Property. The notice shall further inform- Borrower of the right to
reinstate al'tet• acceleration attd the riglrt 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 befttt•e file date specified iu the notice,
Lender at its option may require itmnediate payment in full of all sums secured by this Security Instrument without
further demand and tnay invoke the power of sale and auy 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 haw. 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 iu one or more parcels and ht 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 auy previously scheduled sate. Lender or its designee
tnay purchase the Property at any sale.
Upon receipt. of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
Property. The recitals in the Trustee's deed shall be pt•hua facie evidence of the ttuth of the statements made therein.
Trustee shall apply the proceeds of the sale ht 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 haw; (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 MaelFreddie Mac UNIFORM INSTRUMENT i Form 3028 1/01
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000
(~xige G of 7 pnges)
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23. Reeouveyance. Upon payment of all sums secured by this Security Instrument, Lender 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 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 reconveying 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
peruiittcd 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 an instrument recorded in the county in which tlus Security Instrument is recorded.
Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon
Trustee herein and by Applicable Law.
25. 1Zequest for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address
which is the Property Address.
BY SIGNING BELOW, Borrower accepts and agrees to the ternis and covenants contained in this Security Instrument.
and in any Rider executed by Borrower and recorded with it,
.. .. ~.. . ........... . .. (Seal)
LAWRENCE L. ERNST ~~ -Borrower
........ , .. .Gr~....!(", J...~ . ......... . ....... . ........ (Seal)
JEAN M. ERN 1 -Borrower
[Space Below This Line For Acknowledgment]
STATE OF NEBRA~A~~,
County of ............ ...... . ....... . ............... .
The foregoing instrument was acknowledged before me this .4?:??:?008,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
...................................(dat.e) by I,AWRENGE.~..ERNST;J.EAN.M..ERNST,.HUS.~AN4.ANAWIEE......,..........,,...,,...,....,..,..........,,....
. (n f pc d ed .
................................................................................................. auieo rsonacknowle g )
My Conuuission expires: ~ _~ //
.~
Notary Public
GENERAL NOTARY-State of Nebraska
DEBRA J. BARTUNEK
My Comm. Exp. Feb. 5, 2011
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Bankers Systems, Inc„ St. Cloud, MN Form MD-1-NE 8/17/2000 Form 3028 1 /01 g~oge 7 of 7/~nges)
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