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200403138
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Last modified
10/16/2011 2:16:39 PM
Creation date
10/21/2005 12:21:42 AM
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DEEDS
Inst Number
200403138
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4672679192 200403138 <br />If all of the Property is taken, the proceeds will be used to reduce the Sums Secured. If any of the proceeds remain <br />after the amount that I owe to Lender has been paid in full, the remaining proceeds will be paid to me. Unless Lender <br />and I agree otherwise in writing, if only a part of the Property is taken, the amount that I owe to Lender will be reduced <br />only by the amount of proceeds multiplied by the following fraction: (A) the total amount of the Sums Secured <br />immediately before the taking, divided by (B) the fair market value of the Property immediately before the taking. The <br />remainder of the proceeds will be paid to me. <br />If I abandon the Property, or if I do not answer, within 30 days, a notice from Lender stating that a governmental <br />authority has offered to make a payment or to settle a claim for damages, Lender has the authority to collect the <br />proceeds. Lender may then use the proceeds to repair or restore the Property or to reduce the Sums Secured. The <br />30 -day period will begin when the notice is given. <br />If any proceeds are not used to reduce the amount of principal which I owe to Lender under the Note, that use will not <br />delay the due date or change the amount of any monthly payments under the Note and under Paragraph 1 above. <br />However, Lender and I may agree in writing to those delays or changes. <br />9. CONTINUATION OF BORROWER'S OBLIGATIONS AND OF LENDER'S RIGHTS: (A) Borrower's Obligations - <br />Lender may allow a person who takes over my rights and obligations to delay or to change the amount of the monthly <br />payments of principal and interest due under the Note or under this Security Instrument. Even if Lender does this, <br />however, that person and I will both still be fully obligated under the Note and under this Security Instrument. <br />Lender may allow those delays or changes for a person who takes over my rights and obligations, even if Lender is <br />requested not to do so. Lender will not be required to bring a lawsuit against such a person for not fulfilling obligations <br />under the Note or under this Security Instrument, even if Lender is requested to do so. <br />(B) Lender's Rights - Even if Lender does not exercise or enforce any right of Lender under this Security Instrument or <br />under the law, Lender will still have all of those rights and may exercise and enforce them in the future. Even if Lender <br />obtains insurance, pays taxes, or pays other claims, charges or liens against the Property, Lender will have the right <br />under Paragraph 18 below to demand that I make immediate payment in full of the amount that I owe to Lender under <br />the Note and under this Security Instrument. <br />10. OBLIGATIONS OF BORROWER AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OR <br />OBLIGATIONS: Any person who takes over my rights or obligations under this Security Instrument will have all of my <br />rights and will be obligated to keep all of my promises and agreements made in this Security Instrument. Similarly, any <br />person who takes over Lender's rights or obligations under this Security Instrument will have all of Lender's rights and <br />will be obligated to keep all of Lender's agreements made in this Security Instrument. <br />If more than one person signs this Security Instrument as Borrower, each of us is fully obligated to keep all of <br />Borrower's promises and obligations contained in this Security Instrument. Lender may enforce Lender's rights under <br />this Security Instrument against each of us individually or against all of us together. This means that any one of us may <br />be required to pay all of the Sums Secured. However, if one of us does not sign the Note: (A) that person is signing this <br />Security Instrument; (B) that person is not personally obligated to pay the Sums Secured; and (C) that person agrees <br />that Lender may agree with the other Borrowers to delay enforcing any of Lender's rights or to modify or make any <br />accommodations with regard to the terms of this Security Instrument or the Note without that person's consent. <br />11. LOAN CHARGES: If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed permitted limits: (A) any such loan charges shall be reduced by the amount necessary <br />to reduce the charge to the permitted limit; and (B) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as <br />a partial prepayment without any prepayment charge under the Note. <br />HELOC Deed of Trust - Nebraska Page 5 of 8 2002/07 hene- . c <br />i� <br />
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