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200111818
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Last modified
10/14/2011 12:43:01 PM
Creation date
10/20/2005 11:14:38 PM
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DEEDS
Inst Number
200111818
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����� <br />Deed of Trust, continued 200111818 c <br />You covenant that You are lawfully seized of the estate hereby conveyed and have the right to mortgage, grant, and <br />convey the Property, and that the Property is unencumbered, except for the encumbrances of record and any first <br />deed of trust. You covenant that You warrant and will defend generally the title to the Property against all claims <br />and demands, except those disclosed in writing to Us as of the date of this Deed of Trust. <br />You and We covenant and agree as follows: <br />1. Payment of Indebtedness. Borrower shall promptly pay when due the indebtedness secured by this Deed of <br />Trust including, without limitation, that evidenced by the Agreement. <br />2. Application of Payments. Unless applicable law provides otherwise, all payments received by Us under the <br />Agreement will be applied to the principal balance and any finance charges, late charges, collection costs, and other <br />charges owing with respect to the indebtedness secured by this Deed of Trust in such order as We may choose from <br />time to time. <br />3. Charges; Liens. Except as expressly provided in this Paragraph 3, You shall pay all taxes, assessments and other <br />charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and <br />leasehold payments or ground rents, if any, by Your making payments, when due, directly to the payee thereof. In <br />the event You make payments directly to the payee thereof, upon Our request You shall promptly furnish to Us <br />receipts evidencing such payment. <br />You shall make payments, when due, on any indebtedness secured by a Deed of Trust or other lien that is <br />prior in right of time to this Deed of Trust (a "Prior Deed of Trust "). You shall promptly discharge the lien of any <br />Prior Deed of Trust not disclosed to Us in writing at the time of application for the Agreement, provided, however, <br />that You shall not be required to discharge any such lien so long as You shall (a) in good faith contest such lien by, <br />or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or <br />forfeiture of the Property or any part thereof, or (b) secure from the holder of such prior lien an agreement in form <br />and substance satisfactory to Us subordinating such lien to this Deed of Trust. You shall not enter into any <br />agreement with the holder of a Prior Deed of Trust whereby such Prior Deed of Trust, or the indebtedness secured <br />thereby is modified, amended, extended or renewed, without Our prior written consent. You shall neither request <br />nor allow any future advances to be secured by a Prior Deed of Trust without Our prior written consent. <br />4. Hazard Insurance. You shall keep the improvements now existing or hereafter erected on the Property insured <br />against loss by fire, hazards included within the term "extended coverage" and such other hazards as We may require <br />(including flood insurance coverage, if required by Us) and in such amounts and for such periods as We may require. <br />Unless We require in writing otherwise, the policy shall provide insurance on a replacement cost basis in an amount <br />not less than that necessary to comply with any coinsurance percentage stipulated in the hazard insurance policy. All <br />insurance policies and renewals thereof shall be in form and substance and with carriers acceptable to Us and shall <br />include a standard mortgagee clause in favor of and in form and substance satisfactory to Us. In the event of loss, <br />You shall give prompt notice to the insurance carrier and Us. We may make proof of loss if not made promptly by <br />You. <br />If the Property is abandoned by You, or if You fail to respond to Us within thirty (30) days from the date <br />the notice is mailed by Us to You that the insurance carrier offers to settle a claim for insurance benefits, We are <br />authorized to collect and apply the insurance proceeds at Our option either to restoration or repair of the Property, or <br />to sums secured by this Deed of Trust. <br />If the Property is acquired by Us under Paragraph 14 of this Deed of Trust, all of Your right, title and interest in and <br />to any insurance policies, and in and to the proceeds thereof resulting from damage to the Property prior to the sale <br />or acquisition, shall pass to Us to the extent of the sums secured by this Deed of Trust immediately prior to such sale <br />or acquisition. <br />HELOC Deed of Trust — Nebraska 3 of 8 7/2000 <br />SOUKUP Citibank, F.S.B. <br />
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