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201804542 <br /> LOAN#: 17024 <br /> such agreement is made or applicable law requires such interest to be paid, Lender shall not be required <br /> to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, <br /> an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which <br /> each debit to the Funds was made.The Funds are pledged as additional security for the sums secured <br /> by this Deed of Trust. <br /> If the amount of the Funds held by Lender,together with the future monthly installments of Funds pay- <br /> able prior to the due dates of taxes,assessments,insurance premiums and ground rents,shall exceed the <br /> 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 <br /> taxes,assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender <br /> any amount 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 Bor- <br /> rower 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 <br /> sums secured by this Deed of Trust. <br /> 3. Application of Payments. Unless applicable law provides otherwise, all payments received <br /> by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of <br /> amounts payable to Lender by Borrower under paragraph 2 hereof,then to interest payable on the Note, <br /> and then to the 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 <br /> over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall pay <br /> or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the <br /> 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 <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 <br /> Lender; provided, that such approval shall not be unreasonably withheld.All insurance policies and <br /> renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in <br /> 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 <br /> 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 <br /> may 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 <br /> 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 <br /> Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit <br /> impairment or deterioration of the Property. If this Deed of Trust is on a leasehold, Borrower shall comply <br /> with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein <br /> conveyed or terminate or cancel the ground lease.Borrower shall not,without the express written consent <br /> of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold <br /> and the fee title shall not merge unless Lender agrees to the merger in writing.If this Deed of Trust is on a <br /> unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations <br /> under the declaration or covenants creating or governing the condominium or planned unit development, <br /> 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 <br /> contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects <br /> Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make <br /> such appearances, disburse such sums, including reasonable attorneys'fees, and take such action as is <br /> necessary to protect Lender's interest.If Lender required mortgage insurance as a condition of making the <br /> loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance <br /> in effect until such time as the requirement for such insurance terminates in accordance with Borrower's <br /> 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 <br /> rate, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower <br /> and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender <br /> to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to <br /> incur any expense or take any action hereunder. <br /> NEBRASKA-SECOND MORTGAGE-1/80-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 38Xt.g <br /> Modified by Ellie Mae,Inc. Initials: <br /> Ellie Mae,Inc. Page 3 of 6 NEVSECDE 0717 <br /> NEVSECDE(CLS) <br /> 07/09/2018 01:47 PM PST <br /> . . <br /> trkCL.r`.rl <br />