200406988
<br />The Premises includes all buildings and other improvements now or in the future on the Premises and all rights and interests
<br />which derive from our ownership, use or possession of the Premises and all appurtenances thereto.
<br />LOAN: The Deed of Trust will secure your loan in the principal amount of $ 22,000.00 or so
<br />much thereof as may be advanced and readvanced from time to time to
<br />HEATHER STOCKER
<br />the Borrower(s) under the Home Equity Credit Line Agreement and Disclosure Statement
<br />(the "Note ") dated JULY 13, 2004 , plus interest and costs, late charges and all other charges related
<br />to the loan, all of which sums are repayable according to the Note. This Deed of Trust will also secure the performance of
<br />all of the promises and agreements made by us and each Borrower and Co- Signer in the Note, all of our promises and
<br />agreements in this Deed of Trust, any extensions, renewals, amendments, supplements and other modifications of the Note,
<br />and any amounts advanced by you under the terms of the section of this Deed of Trust entitled "Our Authority To You."
<br />Loans under the Note may be made, repaid and remade from time to time in accordance with the terms of the Note and
<br />subject to the Credit Limit set forth in the Note. This Deed of Trust shall secure the Note and any and all future advances
<br />made to us by you. At no time during the term of this Deed of Trust or any extension thereof shall the unpaid and
<br />outstanding secured principal future advances, not including sums advanced by Beneficiary to protect the security of this
<br />Deed of Trust, exceed the following amount:$ 22,000-00 . This provision shall not constitute
<br />an obligation upon or commitment of Beneficiary to make additional advances or loans to us.
<br />OWNERSHIP: We are the sole owner(s) of the Premises. We have the legal right to mortgage, grant and convey the
<br />Premises to the Trustee.
<br />BORROWER'S IMPORTANT OBLIGATIONS:
<br />(a) TAXES: We will pay all real estate taxes, assessments, water charges and sewer rents relating to the Premises when
<br />they become due. We will not claim any credit on, or make deduction from, the loan under the Note because we pay these
<br />taxes and charges. We will provide you with proof of payment upon request.
<br />(b) MAINTENANCE: We will maintain the building(s) on the Premises in good condition. We will not make major
<br />changes in the building(s) except for normal repairs. We will not tear down any of the building(s) on the Premises without
<br />first getting your consent. We will not use the Premises illegally. If this Deed of Trust is on a unit in a condominium or a
<br />planned unit development, we shall perform all of our obligations under the declaration or covenants creating or governing
<br />the condominium or planned unit development, the by -laws and regulations of the condominium or planned unit
<br />development and constituent documents.
<br />(c) INSURANCE: We will keep the building(s) on the Premises insured at all times against loss by fire, flood and any
<br />other hazards you may specify. We may choose the insurance company, but our choice is subject to your reasonable
<br />approval. The policies must be for at least the amounts and the time periods that you specify. We will deliver to you upon
<br />your request the policies or other proof of the insurance. The policies must name you as "mortgagee" and "loss- payee" so
<br />that you will receive payment on all insurance claims, to the extent of your interest under this Deed of Trust, before we do.
<br />The insurance policies must also provide that you be given not less than 10 days prior written notice of any cancellation or
<br />reduction in coverage, for any reason. Upon request, we shall deliver the policies, certificates or other evidence of insurance
<br />to you. In the event of loss or damage to the Premises, we will immediately notify you in writing and file a proof of loss
<br />with the insurer. You may file a proof of loss on our behalf if we fail or refuse to do so. You may also sign our name to any
<br />check, draft or other order for the payment of insurance proceeds in the event of loss or damage to the Premises. If you
<br />receive payment of a claim, you will have the right to choose to use the money either to repair the Premises or to reduce the
<br />amount owing on the Note.
<br />(d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or consequential, in
<br />connection with any condemnation or other taking of the Premises, or part thereof, or for conveyance in lieu of
<br />condemnation, all of which shall be paid to you, subject to the terms of any Prior Deed of Trust.
<br />(e) SECURITY INTEREST: We will join with you in signing and filing documents and, at our expense, in doing
<br />whatever you believe is necessary to perfect and continue the perfection of your lien and security interest in the Premises.
<br />Trustee shall not be liable for any error of judgment or act done by Trustee, or be otherwise responsible or accountable
<br />under any circumstances whatsoever. This Deed of Trust will be effective as a financing statement filed as a fixture filing
<br />with respect to all fixtures included within the Premises and is to be filed for record in the real estate records of each county
<br />where any part of the Premises (including said fixtures) is situated. This Deed of Trust shall also be effective as a financing
<br />statement covering any other Premises and may be filed in any other appropriate filing or recording office. A carbon,
<br />photographic or other reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shall be
<br />sufficient as a financing statement for any of the purposes referred to in this paragraph.
<br />(f) OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Deed of Trust, you may, if you
<br />choose, perform our obligations and pay such costs and expenses. You will add the amounts you advance to the sums owing
<br />on the Note, on which you will charge interest at the interest rate set forth in the Note. If, for example, we fail to honor our
<br />promises to maintain insurance in effect, or to pay filing fees, taxes or the costs necessary to keep the Premises in good
<br />condition and repair or to perform any of our other agreements with you, you may, if you choose, advance any sums to
<br />satisfy any of our agreements with you and charge us interest on such advances at the interest rate set forth in the Note. This
<br />Deed of Trust secures all such advances. Your payments on our behalf will not cure our failure to perform our promises in
<br />Nebraska HELOC Deed of Trust (7/95) - with MFRS
<br />CWMERSNE (05/02)
<br />Page 2 of 5
<br />
|