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200402855 LOAN #: E0220512 <br />irrevocably grant and convey to the Trustee, in trust, with power of sale, the following described property located in <br />Hall County, Nebraska: <br />See legal description attached hereto and made a part hereof. <br />APN #: 400014734 <br />which has the address of 2208 West Division Street, Grand Island, <br />Nebraska 68803 <br />( "Property Address "); <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, <br />appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered <br />by this Deed of Trust. All of the foregoing is referred to in this Deed of Trust as the "Property." <br />YOU COVENANT that you are lawfully seised of the estate hereby conveyed and have the right to mortgage, grant <br />and convey the Property and that the Property is unencumbered, except for encumbrances of record. You warrant and <br />will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br />YOU AND WE covenant and agree as follows: <br />1. Payment of Principal, Interest and Other Charges. You shall pay when due the principal and interest owing <br />under the Agreement and all other charges due hereunder and due under the Agreement. <br />2. Application of Payments. Unless applicable law provides otherwise, all payments received by us under the <br />Agreement and Section 1 shall be applied by us as provided in the Agreement. <br />3. Prior Mortgages; Charges; Liens. You have disclosed to us and obtained our approval of any mortgage, deed of <br />trust or other security agreement with alien which has priority over this Deed of Trust. You shall perform all of your obligations <br />under any mortgage, deed of trust or other security instruments with alien which has priority over this Deed of Trust, including <br />your covenants to make payments when due. You shall pay all taxes, assessments, charges, fines and impositions <br />attributable to the Propertywhich may attain priority over this Deed of Trust, and leasehold payments or ground rents, if any. <br />Upon our request, you shall promptly furnish to us all notices of amounts to be paid under this paragraph and receipts <br />evidencing any such payments you make directly. You shall promptly discharge any lien (other than a lien disclosed to us <br />in your application or in any title report we obtained) which has priority over this Deed of Trust. <br />If applicable law authorizes us to do so, we specifically reserve to ourself and our successors and assigns the <br />unilateral right, upon an event of default in payment of taxes, assessments or insurance on the Property, to require, upon <br />notice, that you pay to us on the day monthly payments are due an amount equal to one - twelfth (1 /12) of the yearly taxes, <br />and assessments (including condominium and planned unit development assessments, if any) which may attain priority <br />over this Deed of Trust and ground rents on the Property, if any, plus one - twelfth (1 /12) of yearly premium installments <br />for hazard and mortgage insurance, all as we reasonably estimate initially and from time to time, as allowed by and in <br />accordance with applicable law. <br />4. Hazard Insurance. You shall keep the Property insured against loss by fire, hazards included within the term <br />..extended coverage" and any other hazards, including floods orflooding, forwhich we require insurance. This insurance <br />shall be maintained in the amounts and for the periods that we require. You may choose the insurer to provide this <br />coverage. Insurance policies and renewals shall be acceptable to us and shall include a standard mortgagee clause. <br />If we require, you shall promptly give us all receipts of paid premiums and renewal notices. If you fail to maintain coverage <br />as required in this section, you authorize us to obtain such coverage as we in our sole discretion determine appropriate <br />to protect our interest in the Property in accordance with the provisions in Section 6. You understand and agree that <br />any coverage we purchase may cover only our interest in the Property and may not cover your interest in the Property <br />or any personal property therein. You also understand and agreethat the premium for any such insurance may be higher <br />than the premium you would pay for such insurance. You shall promptly notify the insurer and us of any loss. We may <br />make proof of loss if you do not promptly do so. <br />We may also, at our option and on your behalf, adjust and compromise any claims under the insurance, give releases <br />or acquittances to the insurance company in connection with the settlement of any claim and collect and receive <br />insurance proceeds. You appoint us as your attorney -in -fact to do all of the foregoing, which appointment you <br />understand and agree is irrevocable, coupled with an interest with full power of substitution and shall not be affected <br />by your subsequent disability or incompetence. <br />Insurance proceeds shall be applied to restore or repair the Property damaged, if restoration or repair is <br />economically feasible and our security would not be lessened. Otherwise, insurance proceeds shall be applied to sums <br />secured by this Deed of Trust, whether or not then due, with any excess paid to you. If you abandon the Property, or <br />do not answer within 30 days after we give notice to you that the insurer has offered to settle a claim, then we may collect <br />and use the proceeds to repair or restore the Property or to pay sums secured by this Deed of Trust, whether or not then <br />due. Any application of proceeds to principal shall not require us to extend or postponethe due date of monthly payments <br />or change the amount of monthly payments. If we acquire the Property at a forced sale following your default, your right <br />to any insurance proceeds resulting from damage to the Property prior to the acquisition shall pass to us to the extent <br />of the sums secured by this Deed of Trust immediately prior to the acquisition. <br />NE - DEED OF TRUST - Single Family - HELOC - HC# 20934 (02/00) Initials <br />© 2002 Online Documents, Inc. Page 2 of 5 EQDEED <br />12 -31 -2003 12:33 <br />