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202200205 <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 <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 or <br />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 forrn 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 of <br />Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and <br />the fee title shall not merge unless Lender agrees to the merger in writing. If this Deed of Trust is on a"unit in <br />a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under <br />the declaration or covenants creating or governing the condominium or planned unit development, the by- <br />laws and regulations of the condominium or planned unit development, and constituent documents. <br />7. Protection of Lender's Security. If Borrower falls 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 In <br />effect until such time as the requirement for such Insurance terminates In accordance with Borrower's and <br />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 to <br />Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur <br />any expense or take any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of <br />the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying <br />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 <br />connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of <br />condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed <br />of trust or other security agreement with a lien which has priority over this Deed of Trust. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to <br />any successor in interest of Borrower shall not operate to release, in any manner, the liability of the <br />original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortiza- <br />tion of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower <br />and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of <br />any such right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and <br />agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors <br />and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and <br />agreements of Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trust, but <br />does not execute the Note, (a) is co-signing this Deed of Trust only to grant and convey that Borrower's <br />NEBRASKA— SECOND MORTGAGE —1/80-- Single Family -Fannia Mae/Freddie Mac UNIFORM STATEMENT Form 3028 1/01NEVSECDE (UBTP) 0717 <br />Page 3 of 6 NEVSECDE(CLS) <br />