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201304153 <br />to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Deed of <br />Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable <br />law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on <br />the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits <br />and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as <br />additional security for the sums secured by this Deed of Trust. <br />If the amount of the Funds held by Lender, together with the future monthly installments of Funds <br />payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed <br />the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, <br />such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on <br />monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, <br />assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount <br />necessary to make up the deficiency in one or more payments as Lender may require. <br />Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to <br />Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is <br />otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property <br />or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums <br />secured by this Deed of Trust. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by <br />Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts <br />payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the <br />principal of the Note. <br />4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's <br />obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over <br />this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall pay or cause <br />to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which <br />may attain priority over this Deed of Trust, and leasehold payments or ground rents, if any. <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on <br />the Property insured against loss by fire, hazards included within the term "extended coverage," and such <br />other hazards as Lender may require and in such amounts and for such periods as Lender may require. <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender, <br />provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof <br />shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form <br />acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of <br />any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may <br />make proof of loss if not made promptly by Borrower. <br />If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days <br />from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for <br />insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either <br />to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit <br />Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit <br />impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of <br />Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, <br />Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing <br />the condominium or planned unit development, the by -laws and regulations of the condominium or planned <br />unit development, and constituent documents. <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements <br />contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's <br />NEBRASKA SECOND MORTGAGE DEED OF TRUST <br />NEBRASKA GrutDocse <br />ITEM 4641L3 (072711) (Page 3 of 9) <br />1000805400 <br />