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2018064 -6 <br />LOAN #: 17125 <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 slake 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 3828 X77 <br />Modified by Ellie Mae, Inc. Initials: ►` "A - <br />Ellie Mae, Inc. Page 3 of 6 NEVSECDE 0717 <br />NEVSECDE (CLS) <br />09/21/2018 11:04 AM PST <br />