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200512677
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200512677
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12/29/2005 2:04:58 PM
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12/29/2005 2:04:57 PM
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DEEDS
Inst Number
200512677
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<br />200512677 <br /> <br />the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and <br />ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one <br />or more payments as Lender may require. <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 acquired <br />by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by <br />Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of <br />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 to <br />Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the <br />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 this <br />Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid <br />all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a <br />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 hazards <br />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 shall <br />be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable <br />to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any <br />mortgage, deed ofttust or other security agreement with a lien which has priority over this Deed 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 restoration or <br />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 impairment <br />or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a <br />leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall <br />perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or <br />planned unit development, the by-laws and regulations of the condominium or planned unit development, and <br />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 in the <br />Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such <br />sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender <br />required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the <br />premiums required to maintain such insurance in effect until such time as the requirement for such insurance <br />terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall <br />become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to <br />other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment <br /> <br />!NEBRASKA - Second Mortgage - 1/80 - FNMA/FHLMC UNIFORM INSTRUMEN11 <br />Delphi Discovery @ MERSNE.0305 <br /> <br />MERS Modified Form 3828 <br /> <br />Ilf 3 of7 <br /> <br />11102572 <br />
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