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202110130 <br />2110371149 <br />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 <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 for interest payable on the Note, then to the principal of the Note, and then to <br />amounts under paragraph 2 hereof, if any. <br />If Lender receives a payment from Borrower for a delinquent periodic payment which includes a <br />sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the <br />late charge. If more than one periodic payment is outstanding, Lender may apply any payment received from <br />Borrower to the repayment of the periodic payments if, and to the extent that, each payment can be paid in <br />full. To the extent that any excess exists after the payment is applied to the full payment of one or more <br />periodic payments, such excess may be applied to any late charges due. Voluntary prepayments shall be <br />applied first to any prepayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or miscellaneous proceeds to principal due under <br />the Note shall not extend or postpone the due date, or change the amount, of the periodic payments. <br />4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of <br />Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has <br />priority over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall <br />pay 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 renewals <br />thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and <br />in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject <br />to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over <br />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 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; Leasehold; 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 <br />governing the condominium or planned unit development, the by-laws and regulations of the condominium <br />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 />NEBRASKA - SECOND DEED OF TRUST - 03/18 <br />496.28 Page 3 of 8 <br />