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<br /> <br />GONZALEZ <br /> <br />200700016 <br /> <br />12/28/2006 <br /> <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 <br />indebtedness evidenced 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 <br />Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is. paid in full, a <br />sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit <br />development assessments, if any) which may attain priority over this Deed of Trust, and ground rents on the Property, if <br />any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments <br />for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of <br />assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds <br />to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder <br />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 <br />insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply <br />the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and <br />applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays <br />Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree <br />in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless <br />such agreement is made. or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower <br />any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds <br />showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are <br />pledged as additional security for the sums secured by this Deed of Trust. <br />If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to <br />the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said <br />taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, <br />either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds <br />held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, <br />Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may <br />require. <br />Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds <br />held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender <br />shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by <br />Lender at the time of application as a 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 <br />Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower <br />under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. <br />4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations <br />under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, <br />including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments <br />and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, <br />and leasehold payments or ground rents, if any. <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may <br />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; provided, <br />that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form <br />acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender <br />shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other <br />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 make proof <br />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 the date <br />notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is <br />authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or <br />to the sums secured by this Deed of Trust. <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. <br />Borrower shall keep the Property in good repair and shall not commit waste or pennit impairment or deterioration of the <br />Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is <br />on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the <br />declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations <br />of the condominium or planned unit development, and constituent documents. <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this <br />Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then <br />Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including <br />reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage <br />insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to <br />maintain such insurance in effect until such time as the requirement for such insurance tenninates in accordance with <br />Borrower's and Lender's written agreement or applicable law. <br />Any amounts disbursed by Le~der pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become <br />additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of <br />payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing <br />contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, <br />provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to <br />Lender's interest in the Property. <br /> <br />Nebraska 26876-4 1/98 original (Recorded) <br /> <br />Copy (Branch) <br /> <br />Copy (Customer) <br /> <br />Page 2 of 5 <br />