HomeMy WebLinkAbout20080163NUM PGS
' ~ DOC TAX CK#____.._,
FE~ PD 3. ~:~~ CK#.~¢Y~
cHC~¢zaccT# ~~ ~
RET REES:...._OASH R.0.D. CK#
~..REC'D ~
RETURN Do ~ a
ion;p ~i•~h, E ~ 883z a,~ ~o
DEFINITIONS
IIIIaIVlllll~lllllllllllll~llllllll
NUM o
RD. COMP ~1L(:~
COMPARE /~N
CADAS ~ AO ~
[Space Above This Line For Recording Data]
DEED OF TRUST
ADAi~1S COUNTY, NE
FILED
INST. NO.~. '' ` ~ ~
Date /~ Tim ' 5~,~-,,~
~~~~~
REGISTER OF DEEDS
Words used in multiple sections of this docwneut are defined below and other words are defined in Sections 3, 11, 13, 18, 20
and 21. Certain rules regarding the usage of words used iu this docutent are also provided iu Sectiou 16.
(A) "Security Instrument" means this document, which is dated ........................ P 1: Q9•~OOQ , , , , , , , , , , , , , , , , , , , , , , , , . , , , , , together
with all Riders to this document.
(B) "Borrower" is ~~RBA4.A•.ST90HANQ.SH~RBIA•.S?.R4N,.HUSQAN4ANOWIES .......................................................................
......................................................................................................................................................... .
Borrower is the trustor under this Security Iustrmnetit.
(C) "Lender" is BA[IK OF DONIPHAN ................................................................................................................ .
Lender is a .G4R?QRATIQN ........................................................................................... organized and existing under
the laws of .THE S,TQ?.E, AF I~~QRA$KA .........................................Lender's address is . P. Q. $P.X.2?4~ AQNIPHAN,.N$. 68$32:427.4......
......................................................................................................................................................... .
Leader is the beneficiary under this Security Instrument.
(D) "Trustee" is TIERONE BANK PO BOX, 83009,LINCOLN,,NE, 68501.30D9 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,
....................
(E) "Note" means the promissory note signed by Borrower and dated A.1: R9-z44$ .....................................................The
Note states that Borrower owes Lender J.VYA HUNRBEP.FIETY.TH.gUSANR ANQ.NAI,1.q4 ...............................................................
.................................................. Dollars (U. S . $ 250, 400; 00, , , , , , , , , , , , , , , , , , , , , , ,) plus interest. Borrower has promised to
pay this debt iu regular Periodic Payments and to pay the debt iu full not later than .....................17x•0.1: 2p23, ....... , , ... , , , , , , , ,
........................................................................................................................................................ .
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. "
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note,
and all sums due under this Security Instrument, plus interest.
(H) "Riders" uieaus all Riders to this Security Instrmueut that are executed by Borrower. The following Riders are to be
executed by Borrower [check box as applicable]:
^ Adjustable Rate Rider ^ Coudouiiniuui Rider ^ Second Home Rider
^ Balloon Rider ^ Plauued Uuit Development Rider ^ Other(s) [specify] .......................
^ 1-4 Fatnily 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.
(.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessuieuts and other charges that are
unposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or sitnilar
paper instrwnent, which is initiated through au electronic terminal, telephonic iustrutneut, computer, or magnetic tape so as to
order, instruct, or authorize a financial institution to debit or credit au account. Such teen includes, but is not limited to,
point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated
clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Sectiou 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of dunages, or proceeds paid by any third party
(other than insurance proceeds paid under the coverages described iu Sectiou 5) for: (i) damage to, or destruction of, the
Property; (ii) coudenniatiou 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 Leader against the nonpayment of, or default on, the Loau.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any
amounts under Sectiou 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its hmplementiug regulation,
Regulation X (24 C.F.R. Part 3500), as they might be amended from time to tune, or any additional or successor legislation or
regulation that governs the same subject matter. As used iu this Security Iustrmneut, "RESPA" refers to all requirements and
restrictions that are imposed iu regard to a "federally related mortgage loan" even if the Loau does not qualify as a "federally
related mortgage loan" under RESPA.
(Q) "Successor in ILtterest 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 MaelFreddie Mac UNIFORM INSTRUMENT
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8(17/2000
ref: 1 /2001 (page 1 of 7 pages)
Form~3I028 7/07
~~I ~ Ilu III ~'I~ II~
'.!~,t
~~~
.20080163
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrwuent secures to Lender: (i) the repayment of the Loau, and alt renewals, extensions' and modifications of
the Note; and (ii) the perfonttance of Borrower's covenants and agreetneuts under this Security Iustruttteut and the Note. For
this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sate, the following described
property located iu tlie ...................................................R~GIST~B.OF.OEF.US.,................................................. of
[Type of Recording Jurisdiction]
. A,4AMS.GA.uNTX ......................:......................................................
[Name of Recording Jurisdiction]
STROH ACRES, A SUBDIVISION IN THE NORTHWEST QUARTER (NW 114- OF SECTION TWENTY•FOUR (241, TOWNSHIP SEVEN 17- NORTH, RANGE ELEVEN (111
WEST OF THE 6TH P.M., ADAMS COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF, SUBJECT TO PUBLIC ROAD RIGHT•OF•WAY ON THE EAST
which currently has the address of ..............................................12805,JUNIATA.AVE,,,,,,,,,,,,,,,,,,,;,.,,.,.,.,,,,.,,,,,,,.,.,..
[Street]
.... 6855.... ro art "
.............................JUNIATA.............. ........... ,Nebraska .....,............. ................. (P p y Address )
(City] [Zip Code]
TOGETHER WITH all the nnproventents 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
Iustrmneut. 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 has the right to grant
and convey 'the Property and that the Property is uneucutnbered, except for eucutnbrauces of record. Borrower warrants and
will defend generally the title to the Property against all claims and detttands, subject to any encwnbrauces of record.
THIS SECURITY INSTRUMENT combines uuiforui covettauts for national use and uou-uniform covenants with lnnited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lauder coveitaut 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 Itettts pursuant to Section 3. Payments due under the Note and this
Security Ittstruaiettt shall be made iu U.S. currency. However, if any check or other iustrutttent received by Lender as payment
under the Note or this Security Ittstrutttent is returned to Lender unpaid, Leader tnay require that any or all subsequent
payments due under the Note and this Security Instrunteut be made is one or store of the following forms, as selected by
Leader: (a) cash; (b) money order; (c) certified check, back check, treasurer's check or cashier's check, provided any such
check is drawn upon au ittstitutiou whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic
Funds Transfer.
Paynteuts are deemed received by Leader when received at the location designated iu the Note or at such other location
as may be designated by Louder in accordance with the notice provisions iu Section 15. Lauder may return nay payment or
partial payment if the payment or partial paynteuts are insufficient to bring the Loau current. Leader may accept any payment
or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to
refuse such payment or partial payments iu the future, but Lauder is not obligated to apply such payments at the time such
payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Leader need not pay interest on
uuapplied funds. Leader may hold such uuapplied funds until Borrower stakes payment to bring the Loau current. If Borrower
does trot do so within a reasonable period of tune, Leader shall either apply such foods or return them to Borrower. If not
applied earlier, such funds will be applied to the outstaudittg principal balance under the Note niunediately prior to foreclosure.
No offset or clans which Borrower might have now or iu the future against Lender shall relieve Borrower from making
payments due under the Note and this Security Iustrwnent or perforating 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 Leader shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under
the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment iu the order in which it
because due. Any remaining atuouuts shall be applied first to late charges, second to any other atnouuts due under this Security
Iustruuieut, 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 atnouut to
pay any late charge due, the payment Wray be applied to the delinquent paynteut 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 Paymeats if,
and to the extent that, each payment can be paid iu full. To the extent that any excess exists after the .payment is applied to the
full payment of one or more Periodic Payments, such excess 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 paynteuts, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not
extend or postpone the due date, or change the ataount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lauder ou the day Periodic Paynteuts are due under the Note, until
the Note is paid iu full, a sum (the "Funds") to provide for payment of atuouuts due for: (a) taxes and assessments and other
items which can attain priority over this Security Iustrutuent as a lien or eucutnbrauce ou the Property; (b) leasehold payments
or ground rents ou the Property, if arty; (c) premiums for any and all insurance required by Lender under Section 5; and (d)
Mortgage Insurance premiums, if any, or any sutras payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance prentiutns iu accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or
at any time during the tens of the Loan, Leader may require that Conunuuity Association Dues, Fees, and Assessments, if any,
be escrowed by Borrower, and such dues, fees and asses9tnetits sltall• be au Escrow Item. Borrower shall promptly furnish to
Lauder 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 aiiy or all"Escrow Items. Leader may waive Borrower's obligation
to ~aX„to, Lender Funds for auk or all Escrow Items at any time. Any such waiver may Duly be iu, ~r~~iitg.: ,itt,tl~e :~Icetit, of such
waiver, Borrower shall' pay"'dtrect[~, when and where payable; the' aitiounts due -for any I/s~row' Iteii~s 'for•+ wij;icli' payment of
1•• Futtc}s° has••~een• ~aived•~•by ••Lettdar•. and, if Lender requires, shall furnish to Lauder receipts- evidencing ~spch `paynieut. ~vitl}ppt
s sucll„~lup,.geriod„as„Leader may require. Borrower's obligation"to'tnake such payments aud;to provide receipts ~ha11°fof'all
purposes be deemed to be a''coveitant and agreement contained in this Security Iustruntent, as the phrase "covenant and
';;agree~,neut" ris;gse~l°itl Section 9. I€ Borrower is obligated to pay Escrow Items directly, pursuaut~t~r-a•-waiverq?~at~t"'B~ifC1~VL't"
...... ~..,. _. ~ Y-
nnie Mae(Freddie Mac UNIFORM INSTRUMENT , Fq,E,~1„~,Q28 1101
NEBRASKA-Sin le Famil Fa
r : __ ..... ._ ~S' ,
Bankers Systems 9nc St. Cloud; MN~'Form MD^1-NE 8/17/2000 (page 2 of 7pages)
~. O- .,
a ey 7
~a~80163
fails to pay the atnouut due for au Escrow Item, Leuder may exercise its rights under Section 9 and pay such atnouut and
Borrower shall tltett be obligated under Sectiou 9 to repay to Lender any such atmouut. Leuder may revoke the waiver as to auy
or all Escrow Items at any time by a notice given iu accordance with Sectiou 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 time, collect and hold Funds in au atnouut (a) sufficient to permit Leader to apply the Funds at the
time specified under RESPA, and (b)~ not to exceed the maxnmum atmouut a leader eau require under RESPA: Lender shall
estunate the amount of Funds due on the basis of current data and reasonable estnmates of expenditures of future Escrow Items
or otherwise iu accordance with Applicable Law.
The Futtds shall be held m au institution whose deposits are insured by a federal agency, iustrtuneutality, or entity
(including Lender, if Lender is an institution whose deposits are so insured) or iu auy Federal Home Loan Back. Leuder shall
apply rite Futtds to pay rite Escrow Items uo later titan the tune specified under RESPA. Lender shall not charge Borrower for
holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Leader pays
Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made m
writing or Applicable Law requires interest to be paid on the Futtds, Leader shall not be required to pay Borrower any interest
or earnings on the Funds. Borrower and Lender eau agree in writing, however, that interest shall be paid ou the Funds. Leuder
shall give to Borrower, without charge, art annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Leader shall account to Borrower for the excess
funds in accordance wtth RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RE5PA, and Borrower shall pay to Lender the ammount necessary to make up the shortage iu
accordance with RESPA, but iu no more than 12 monthly payments. If there is a deficiency of Funds held iu escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
accessary to make up the deficiency iu accordance with RESPA, but iu no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Iustrumeut, Lender shall promptly refund to Borrower any
Funds held by Leuder.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Property wlticlt eau attain priority over this Security Ittstruuieut, leasehold payments or ground rents on rite Property, if any,
and Community Association Dues, Fees, and Assessments, if auy. To the extent that these items are Escrow Items, Borrower
shall pay them in the manner provided itt Section 3.
Borrower sltall prorttptly discharge arty lien which itas priority over this Security Iustrumeut unless Borrower: (a) agrees
iu writing to the payment of the obligation secured by the lien iu a manner acceptable to Leuder, but only so long as Borrower
is perforuing such agreement; (b) contests the lieu iu good faith by, or defends against enforcement of the lien in, legal
proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but
only until such proceedings are concluded; or (c) secures from the holder of the lien an agreetneut satisfactory to Lender
subordinating the lieu to this Security Iustrumeut. If Lender determines that any part of the Property is subject to a lieu which
eau attain priority over this Security Iustrtutteut, Leader uiay give Borrower a notice identifying the lieu. Within 10 days of
the date ou which that notice is given, Borrower shall satisfy the lieu or take one or more of the actions set forth above in this
Sectiou 4.
Leuder tray require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by
Lender iu connection with this Loau.
5. Property Insurance. Borrower sltall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included witltiu rite tern "extended coverage, " and auy other hazards including, but not
invited to, earthquakes and floods, for which Leader requires insurance. This insurance shall be maintained iu the amounts
(ittcludiug deductible levels) attd for rite periods that Leader requires. Wltat Lender requires pursuant to the preceding
sentences eau change during the teen of the Loan. The iusurauce carrier providing the iusurauce shall be chosen by Borrower
subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised uureasottably. Leuder may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone deternittatiou, certification
and tracking services;. or (b) a one-tame charge for flood zone detenniuation and certification services and subsequent charges
each time remappiugs or sumilar changes occur which reasonably might affect such deternination 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 deterniuatiou resulting front au objection by Borrower.
If Borrower fails to tttaitttaitt any of the coverages described above, Leader tmay obtain insurance coverage, at Lender's
option and Borrower's expense. Leader is under tto obligation to purchase any particular type or amount of coverage.
Therefore, such coverage shall cover Leader, but ntigltt or ttttgltt not protect Borrower, Borrower's equity iu the Property, or
rite cottteuts of the Property, against any risk, hazard or liability and might provide greater or lesser coverage tltatt was
previously iu effect. Borrower acknowledges that rite cost of the insurance coverage so obtained tttigltt siguificatttly exceed the
cost of insurance that Borrower could have obtained. Auy amounts disbursed by Leader under this Section 5 sltall become
additional debt of Borrower secured by this Security Iustrumeut. These atnouttts 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 an additional loss payee.
Leuder shall have the right to hold the polictes and renewal certificates. If Leader requtres, Borrower shall promptly give to
Leuder all receipts of paid prentituns and renewal notices. If Borrower obtains auy form of insurance coverage, not otherwise
required by Lender, for dautage to, or destruction of, the Property, such policy shall include a standard tttortgage clause attd
shall ttatne Lender as mortgagee and/or as au additional loss payee.
Itt the event of loss, Borrower shall give prompt notice to the insurance carrier and Leader. Lender tray make proof of
loss if not made promptly by Borrower. Unless Leuder and Borrower otherwise agree in writing, any iusurauce proceeds,
whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the
restoration or repair is econotttically feasible attd Leader's security is not lessened. During such repair and restoration period,
Lender sltall have rite right to hold such insurance proceeds until Lender has had au opportunity to inspect such Property to
ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration iu a single payment or iu a series of progress payments as the
.work is completed. Utiless au agreement is made in writing or Applicable Law requires interest to be paid ou such iusurauce
proceeds, Leuder shall not be required to pay Borrower auy interest or earnings on such proceeds. Fees for public adjusters, or
other third parties, retained by Borrower shall not be paid out of rite insurance proceeds and shall be the sole obligation of
Borrower. If fire restoration or repair is trot ecovotuically feasible or Leader's security would be lessened, the iusurauce
proceeds shall be applied to the stuns secured by this Security Ltstrutneut, whether or not tlteu due, with the excess, if auy,
paid to Borrower. Suclt iusurauce proceeds shall be applied itt fire order provided for iu Section 2.
If Borrower abandons the Property, Lender Wray file, negotiate and settle any available iusurauce clann and related
matters. If Borrower does not respond wtthm 30 days to a nottce from Leuder that the iusurauce carrier has offered to settle a
claim, then Leuder Wray negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event,
or if Leader acquires rite Property under Section 22 or otherwise, Borrower hereby assigns to Leuder (a) Borrower's rights to
any iusurauce proceeds iu an amount not to exceed [he atnouuts unpaid under the Note or this Security Iustrumeut, and (b) any
other of Borrower's rights (other than the right to any refund of unearned prentiutms paid by Borrower) under all iusurauce
policies covering rite Property, insofar as such rights are applicable to the coverage of the Property. Lender tray use the
utsurauce proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Iustrumeut,
whether or not then due.
6. Occupancy. Borrower sltall occupy, establish, attd use rite Property as Borrower's principal residence witltiu 60 days
after the execution of this Security Iustruntent 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 artless 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 (plge 3 of 7 jMg¢S)
.~ ~ ~ ' ~
I'
2oosoa.s3
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or
impair the Property, allow the Property to deteriorate or cotm-ttit waste ou the Property. Whether or not Borrower is residing in
the Property, Borrower shall tmaintain the Property iu order to prevent the Property from deteriorating or decreasing iu value
due to rts .condition. U-iless 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 ittsurauce or
condemnation proceeds are paid in connection with dautage to, or the taking of, the Property, Borrower shall be responsible for
repairing or restoring the Property otily if Lender ltas released proceeds for such purposes. Lender may disburse proceeds for
the repairs and restoration in a single payuteut or iu a series of progress payments as the work is completed. If the insurance or
condemnation proceeds are not sufficie-tt 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 hnprovements on the Property. Leader shall give Borrower notice at the tune of or prior
to such au interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be iu default if, during the Loan application process, Borrower or
any persons or entities acti-tg at the direction of Borrower or with Borrower's knowledge or co-tseut gave tttaterially false,
misleading, or inaccurate information or statements to Lender (or failed to- provide Lender with material information) iu
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 cove-tauts and agreements contained in this Security I-tstrumeut, (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 condemnation or forfeiture, for enforcement of a lieu which may attain priority over this Security
Iustrutneut 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 Instrument,
including protecting a-td/or assessing the value of the Property, a-td securing and/or repairing the Property. Leader's actions
can include, but are not tnmited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b)
appeari-tg in court; and (c) paying reasonable attorneys' fees to protect its interest iu the Property and/or rights under this
Security Instrwment, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not
limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from
pipes, elhni-tate building or outer code violatio-ts or da-tgerous conditions, and have utilities tar-ted ou or off. Although Leader
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 no liability for not taking any or all actions authorized under this Section 9.
Any atnouuts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrmnent. These a-nouuts shall bear interest at the Note rate from the date of disbursement and shall be payable, with
such interest, upon notice front Leader to Borrower requesting payment.
If this Security I-tstru-tteut is o-t a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall
pay the premiumts required to ntaintaiu the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage
required by Lender ceases to be available front the mortgage insurer that previously provided such insurance and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the
prentiuttts 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 Insurance previously iu effect, front an alter-tate mortgage
insurer selected by Leader. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall cotttiuue to
pay to Leader 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 a -to-t-refundable loss reserve iu lieu of Mortgage Insura-tce. Suclt
loss reserve shall be tton-refundable, notwithstanding the fact that the Loau is ulthnately paid iu full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender eau no longer require loss reserve payments if
Mortgage Insurance coverage (iu 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
Insurance. If Leader required Mortgage Iusurauce as a condition of making the Loau 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 a non-refundable loss reserve, until Lender's requirement for Mortgage
Insurance ends iu accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate
provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if
Borrower does not repay the Loau as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk ou all such insurance iu 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 on terns and conditions
that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require
the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may
include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reiusurer, any other entity, or
any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized
as) a portion of Borrower's payments for Mortgage Iusurauce, iu exchange for sharing or modifying the mortgage insurer's
risk, or reduci-tg losses. If such agreettte-tt provides that an affiliate of Lender takes a share of insurer's risk iu exclta-tge for a
share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or
any other terms of the Loan. Suclt 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 terminated
automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall
be paid to Lender.
If [he Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,
Leader shall have the right to hold such Miscellaneous Proceeds until Lender has had 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 pay for the repairs and restoration in a single disbursement or in 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 ou such Miscellaneous
Proceeds, Leader shall -tot be required to pay Borrower any interest or earnings ou such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security 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.
Iu the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied
to the sutras secured by this Security Iustrutneut, whether or not then due, with the excess, if any, paid to Borrower.
NEBRASKA-Single Family-Fannie Mae!Freddie Mac UNIFORM INSTRUMENT Form 30`28 1/01
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (/cage 4 of 7pages) S~
o-
y~ 7
~oosois3
In the event of a partial taking, destruction, or loss in value of the Property iu which the fair market value of the
Property iuunediately before the partial taking, destruction, or loss in value is equal to or greater than the atmouut of the sums
secured by this Security Iustrutneut nnmediately before the partial taking, destruction, or loss iu value, unless Borrower and
Lender otherwise agree iu writing, the sutras secured by this Security Iustruneut shall be reduced by the amount of the
Miscellaneous Proceeds multiplied by,the following fraction: (a) the total atnouut of the sums secured niumediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property hmmediately before the partial
taking, destruction, or loss iu value. Auy balance shall be paid to Borrower.
Iu the event of a partial taking, destruction, or loss in value of the Property iu which the fair, market .value of the
Property nmmediately before the partial taking, .destruction, or loss iu value is less than the atnouut 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 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 au award to settle a clahn for damages, Borrower fails to respond to Lender within 30 days
after the date the notice is given, Leader 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 ltas a right of action in regard
to Miscellaneous Proceeds.
Borrower shall be iu default if any action or proceeding, whether civil or crnminal, is begun that, in Lender's judgment,
could result in forfeiture of the Property or other material impairnent of Lender's interest iu the Property or rights under this
Security Iustrwneut. Borrower eau cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by
causing the action or proceediug,to be dismissed with a ruling that, iu Lender's.judgment; precludes forfeiture; of the Property
or other material impairment of Lender's interest iu the Property or rights under this Security Iustruteut. The proceeds of any
award or claim for damages that are attributable to the impairment of Lender's interest iu the Property are hereby assigned and
shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied iu the order
provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the three for paytneut or
modification of atmortizatiou of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor
in Interest of Borrower sltal( not operate to release the liability of Borrower or any Successors iu Interest of Borrower. Lender
shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend tune for
payment or otherwise modify atnortizatiou of the sums secured by this Security Instrument by reason of any demand made by
the original Borrower or any Successors in Interest of Borrower. Auy forbearance by Leader iu exercising any right or reutedy
including, without lhnitation, Lender's acceptance of payments front third persons, entities or Successors iu Interest of
Borrower or iu amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Iustrunteut
but does trot execute the Note (a "co-signer"): (a) is co-signing this Security Iustruneut Drily to mortgage, grant and convey the
co-signer's interest iu the Property under the terns of this Security Instrmnent; (b) is not personally obligated to pay the sums
secured by this Security Ittstruuieut; and (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or
make any accouunodations with regard to the terns of this Security Iustrunteut 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 Iustrmneut in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under
this Security Iustrutneut. Borrower shall not be released froth Borrower's obligations and liability under this Security
Iustrunteut utiless Leader agrees to such release in writing. The covenants and agreements of this Security Iustrutneut shall bind
(except as provided its Section 20) attd benefit the successors attd assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services perforued iu couuection with Borrower's default,
for the purpose of protecting Lender's interest in the Property attd rights under this Security Instrument, including, but not
limited to, attorneys' fees, property inspection and valuation fees. Iu regard to any other fees, the absence of express authority
in this Security htstrumeut 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 Instrument or by Applicable Law.
If [he Loan is subject to a law which sets maxumunt loan charges, and that law is finally interpreted so that the interest
or other loan charges collected or to be collected in couuection with the Loan exceed the permitted lunits, then: (a) any such
loan charge shall be reduced by the atnouut accessary to reduce the charge to the permitted limit; and (b) any sutras already
collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this
refund by reducing the principal owed under the Note or by tttakirtg 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 payuieut 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 Leader iu couuection with this Security Iustrunneut must be in writing.
Any notice to Borrower in connection with this. Security Instrument shall be deemed to have been given to Borrower when
tttailed by first class tttail or whets actually delivered to Borrower's notice address if sent by other means. Notice to arty Due
Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall
be the Property Address uriless Borrower ltas designated a substitute notice address by notice to Lender. Borrower shall
promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall 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 thee. Any notice to Lender shall be given by delivering it
or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to
Borrower. Auy notice in connection -with this Security Instrument shall not be deemed to have been given to Leader until
actually received by Lender. If any notice required by this Security Iustrunter~t is also required under Applicable Law, the
Applicable Law requirement will satisfy the corresponding requirenteut under this Security Instrumtent.
16. Governing Law; Severability; Rules of Construction. This Security Ittstrutueut shall be governed by federal law
and the law of fhe jurisdiction in which the Property is located. All rights aud`obligatious cotttaiued iu this Security °Instrtiineut'
are subject to any requirements and limitations of Applicable Law. Applicable Law Wright explicitly or nmplicitly allow the
parties to agree by contract or i[ might be silent, but such silence shall not be construed as a prohibition against agreenteut 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 Iustrwmeut 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 Otte copy of the Note attd of this Security Iustrwtteut.
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 Ihnited to, those beneficial interests
transferred iu 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 arty Interest itr the Property is sold or transferred (or if Borrower is not a natural
person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require
immediate payment in full of all sutras 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 Mec UNIFORM INSTRUMENT Form 3028 1/01
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (pisge 5 of 7piages) ~~
j
t..' . .
S~ 7
~oo8ois~
If Leader 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 scans
secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Leader may
invoke any remedies permitted by this Security Iustrtumeut without further notice or demand ou Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the
right to have eiiforcemeut of this Security Instrument discontinued at any tune 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 termination 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 sums which thou would be due under this Security Instrument and the
Note as if uo acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in eirforcing this Security Instrument, including, but not Iuuited to, reasonable attorneys' fees, property inspection and
valuation fees, and other fees incurred for the purpose of protecting Leader'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 scans secured by this Security Iustruuient, shall
continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses iu one or more of the
following focus, as selected by Leader: (a) cash; (b) money order; (c) certified check, back check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and
obligations secured hereby shall rerttaiu 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) eau be sold one or more times without prior notice to Borrower. A sale might result in a change
iu the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Iustrurnent
and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There
also might be one or more changes of the Loau Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the carne and address of the new Loan Servicer,
the address to which payments should be made and any other information 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 transferred to a successor
Loan Servicer and are trot assumed by the Note purchaser uriless otherwise provided by the Note purchaser.
Neither Borrower nor Leader may conmmeuce, joie, or be joined to any judicial action (as either au individual litigant or
the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the
other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
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 time period will be deemed to
be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to
Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used iu this Section 21: (a) "Hazardous Substances" are those substances defined as
toxic or hazardous substances, pollutants, or wastes by Enviromnental Law and the following substances: gasoline, kerosene,
other flaumnable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials; (b) "Enviromnental Law" means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or enviromneutal protection; (c) "Enviromnental Cleanup" includes any response
action, remedial action, or removal action, as defined in Enviromnental Law; and (d) an "Euvirorunental Condition" means a
couditiorr that eau cause, contribute to, or otherwise trigger an Enviromnental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
threaten to release any Hazardous Substances, on or iu the Property. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property (a) that is in violation of any Envirorumeutal Law, (b) which creates an 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 on the Property
of small quantities of Hazardous Substances that are generally recogrrized to be appropriate to normal residential uses and to
rrrairrterrance of the Property (including, but not limited to, hazardous substances in couswrrer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviromnental
Law of which Borrower has actual knowledge, (b) any Enviromnental Condition, including but not lunited to, any spilling,
leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use
or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any
goverrurreutal or regulatory authority, or any private party, that any removal or other reurediatiou of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions iu accordance with
Environmental Law. Nothing herein shall create any obligation on Leader for an Enviromnental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless
Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default;
(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and
(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums
secured by this Security Instrument and sale of the Property. Tlie 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 tnay 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 iu 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 tune 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 mote 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 scheduled sale. Lender or its designee
may purchase the Property at any sale.
Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
Property. The recitals 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 irr 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 orm 30~\2-8+1101
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (page 6 of 7 pages) J-'
~s•.: ~ ... ~ -
G~7
~~VC7~l1~~cJ
23. Recouveyance. Upon payment of all sums secured by this Security Iustrutneut, Lender shall request Trustee to
recouvey the Property and shall surrender this Security Instrument and all cotes evidencing debt secured by this Security
Instrutueut 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 reconveying the
Property, but oiily if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is
permitted under Applicable Law.
24. Substitute Trustee. Leuder, at its option, may from time to time remove Trustee and appoint a successor trustee to
any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrurneut is recorded.
Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon
Trustee herein and by Applicable Law.
25. Request for Notices. Borrower requests that copies of the notice of default and sale be scut to Borrower's address
which is the Property Address.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained iu this Security Instrument
and in any Rider executed by Borrower and recorded with it.
.'.. .............. ~.' .. ~:.................:... (Seal)
JE AD A. STROH -Borrower
.. l..l.... .... ............................. (Seal)
HERRI A. STROH -Borrower
[Space Below This Line For Acknowledgment]
STATE OF NEBRASKA
County of ............ ..... ADAMS
The foregoing iustrwnent was acknowledged before uie this ,OJ;09;2008,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
...................................(date) by ~lLBRAO.A, S.?RO.H;.SHLRRIA..S7.ROH,.HU.s.~?N4.ANA WIFb.....................................................
....................................:.......... . ......... ..... ... .................... e o p rsou ackuowle g )
.. . (nam f e d ed .
My Conunission expires: 09.192010 ~
~~
............. .............................................
GENERAL NOTARY- State of Nebraska .......:... ~~~~. ~ '" ~ ............ .
JUDYA.SOUKUP Notary Public
My Comm. E:qt. Sept.19, 2W0 JUDY A UKUP
J. z.....
NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8 /1 712 00 0 Form 3028 1/01 (page 7of7pnges)
~~ /