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LOAN #: 141664 <br />Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the <br />Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants <br />and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced <br />by the Note and late charges as provided in the Note. <br />2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on <br />the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") <br />equal to one - twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) <br />which may attain priority over this Deed of Trust, and ground rents on the Property, if any, plus one - twelfth of yearly premium <br />installments for hazard insurance, plus one - twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably <br />estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower <br />shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of <br />a prior mortgage or deed of trust if such holder is an institutional lender. <br />If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or <br />guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said <br />taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing <br />said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable <br />law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Deed of Trust <br />that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to <br />be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without <br />charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds <br />was made. The Funds are pledged as 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 payable prior to the due dates <br />of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, <br />insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower <br />or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay <br />taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to <br />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 Borrower any Funds held by <br />Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no <br />later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application <br />as a credit against the sums secured by this Deed of Trust. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and <br />paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph <br />2 hereof, then to interest payable on the Note, and then to the principal of the Note. <br />4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all ofBorrower's obligations under any mortgage, <br />deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make <br />payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable <br />to the Property which may attain a 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 the Property insured against <br />loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such <br />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; provided, that such approval <br />shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include <br />a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals <br />thereof, subject to the terms of 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 make proof of loss if <br />not made promptly by Borrower. <br />If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by <br />Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the <br />insurance proceeds at Lender's option either 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 Developments. Borrower shall keep <br />the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the <br />provisions ofany lease ifthisDeed ofTrust is on a leasehold. Ifthis DeedofTrustis ona unit in acondominium ora plannedunit development, <br />Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned <br />unit development, the by -laws and regulations of the condominium or planned unit development, and constituent documents. <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, <br />or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, <br />upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action <br />as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this <br />Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for <br />such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional <br />indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts <br />shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require <br />Lender to incur any expense or take any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender <br />shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and <br />shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority <br />over this Deed of Trust. <br />NEBRASKA - SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT Initials: r V <br />Form 3828 Page 2 of 4 NEVSECDE <br />