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<br />'o' <br /> <br />200604616 <br /> <br />that MERS holds only legal title to the interests granted by Borrower in this Deed of Trust; but, if necessary to comply with law or <br />custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, <br />including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not <br />limited to, releasing or canceling this Deed of Trust. <br />TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated April 29, 2006 and extensions and <br />renewals thereof (herein "Note"), in the principal sum of U.S. $18,800.00, with interest thereon, providing for monthly installments of <br />principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on June I, 2021; the payment of all <br />other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of <br />the covenants and agreements of Borrower herein contained. <br />Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the <br />Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and <br />will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced <br />by the Note and late charges as provided in the Note. <br />2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the <br />day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal <br />to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which <br />may attain priority over this Deed of Trust, and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for <br />hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially <br />and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated <br />to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed <br />oftrust if such holder is an institutional lender. <br />If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or <br />guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said <br />taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said <br />account or verifYing and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law <br />permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Deed of Trust that <br />interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, <br />Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an <br />annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. <br />The Funds are pledged as additional security for the sums secured by this Deed of Trust. <br />Ifthe amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of <br />taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance <br />premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited <br />to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, <br />assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the <br />deficiency in one 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 any Funds held by <br />Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later <br />than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a <br />credit against the sums secured by this Deed of Trust. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and <br />paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 <br />hereof, then to interest payable on the Note, and then to the principal ofthe Note. <br />4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any <br />mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's <br />covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and <br />impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if <br />any. <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against <br />loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts <br />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; provided, that such <br />approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and <br />shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies <br /> <br />NEBRASKA - SECOND MORTGAGE - 1/80 - FNMAlFHLMC UNIFORM INSTRUMENT WITH MERS <br /> <br />Page 2 of 5 <br /> <br />Form 3828 <br />A Am. ended 719,4 <br />Borrower(s) Initials g:{/ .g. H.' r <br />