|
LOAN #: 3924044965
<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 alt of Borrower's obligations
<br />under the declaration or covenants creating or goveming 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 Form 3828
<br />Modified by ICE Mortgage Technology, Inc. All rights reserved.
<br />ICE Mortgage Technology, Inc. Page 3 of 6
<br />NEVSECDE 1221
<br />NEVSECDE (CLS)
<br />05/22/2024 09:55 AM PST
<br />202402899
<br />
|