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201210037 <br />Page 2 of 4 <br />BORROWER AND LENDER AGREE AS FOLLOWS: <br />1. Borrower shall pay, when due, the principal and interest as provided in said note. <br />2. All payments received by Lender shall be first applied to advances which may <br />have been made by Lender and then to interest due and last to principal due. <br />3. Borrower shall pay all general real estate taxes and special assessments against the <br />property before the same become delinquent. <br />4. If Lender determines that any part of the property is subject to a lien, which is or <br />may attain priority over this security instrument, Lender may give Borrower a notice identifying <br />the lien and Borrower shall satisfy the lien within ten days. <br />5. Borrower shall keep the improvements on said premises insured against loss by <br />fire and hazards included within the term "extended coverage" for their insurable value and <br />policies for the same shall include a standard mortgage clause showing Lender herein. In the <br />event of loss, Lender may make proof of loss if not promptly made by Borrower. Insurance <br />proceeds shall be applied to restoration or repair of the property damaged, unless both parties <br />otherwise agree, except if restoration or repair is not economically feasible or Lender's security is <br />not lessened, otherwise said proceeds shall be paid on the debt herein, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any payments or proceeds from <br />insurance shall not extend or postpone the due date of the monthly payments provided in said <br />note, or change the amount of the payments. <br />6. If Borrower fails to perform the covenants and agreements herein contained, <br />Lender may do and pay for whatever is necessary to protect the value of the property and <br />Lender's rights in the property, including the paying of any sum secured by a lien which has <br />priority over this security instrument, appearing in court, paying reasonable attorney's fees and <br />entering the property to make repairs. Any amount disbursed by Lender under this paragraph <br />shall become an additional debt of Borrower secured by this security instrument, to bear interest <br />from the date of disbursement and said amount, together with the then unpaid principal amount, <br />shall bear interest at the highest lawful rate until refunded by Borrower. <br />7. The proceeds of any condemnation award are hereby assigned and shall be paid to <br />Lender and shall be applied to the sums secured by this security instrument, whether or not then <br />due, with any excess paid to Borrower. <br />8. Any extensions or modifications of the loan granted by Lender to any successor in <br />interest of Borrower, shall not operate to release the liability of the original Borrower or <br />Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />9. Any notice to Borrower provided for in this security instrument shall be given by <br />delivering it or by mailing it by first class mail unless Nebraska law requires use of any other <br />method, at the Borrower's last known address. <br />10. This security instrument and the note which it secures shall be governed by <br />Nebraska law. <br />11. Lender shall give notice to Borrower following Borrower's breach of any covenant <br />or agreement in this security instrument and the note which it secures. The notice shall specify <br />(a) the default, (b) the action required to cure the default, (c) a date not less than 30 days from the <br />date the notice is given to Borrower by which the default must be cured, and (d) that failure to <br />cure the default on or before the date specified in the notice may result in acceleration of the sum <br />secured by this security instrument and resale of the property. The notice shall further inform <br />Borrower of the right to reinstate, after acceleration, and the right to bring a court action to assert <br />the nonexistence of a default or any other defense of Borrower to acceleration and sale. If default <br />