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-a <br />200409803 <br />Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower <br />any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise <br />acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its <br />acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured <br />by this Deed of Trust. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender <br />under the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable <br />to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the <br />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 over <br />this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall pay or cause <br />to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which <br />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 the <br />Property insured against loss by fire, hazards included within the term "extended coverage ", and such other <br />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 Lender; <br />provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof <br />shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form <br />acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the <br />terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed <br />of Trust. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may <br />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 from <br />the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance <br />benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to <br />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 and shall comply with the provisions of any lease if this Deed of <br />Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, <br />Borrower shall perform all of Borrower's 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 <br />unit development, and constituent documents. <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained <br />in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest <br />in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, <br />disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect <br />Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this <br />Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time <br />as the requirement for such insurance terminates in accordance with Borrower's and Lender's written <br />agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, <br />shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender <br />agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower <br />requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense <br />or take any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the <br />Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable <br />cause therefor related to Lender's interest in the Property. <br />NEBRASKA SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT <br />Form 3828 <br />Laser Forms Inc. (800) 446 -3555 <br />LFI #FNMA3828 -MERS 4/02 Page 3 of 7 Initials: <br />