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<br />200700677 <br /> <br />If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior <br />to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay <br />said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's <br />option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount <br />of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents <br />as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more <br />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 <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 by <br />this Deed of Trust. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by <br />Borrower 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 <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 priority <br />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 Property <br />insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender <br />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 mortgage, <br />deed of trust 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 make <br />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 the date <br />notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender <br />is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the <br />Property or 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 permit impairment or deterioration <br />of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed <br />of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's <br />obligations under the declaration or covenants creating or governing the condominium or planned unit development, <br />the by-laws and regulations 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 <br />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 sums, <br />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 /> <br />NEBRASKA - SECOND MORTGAGE - 1/80 <br />3828 - AS AMENDED FOR MERS <br /> <br />Page 3 of 8 <br /> <br />DocMaglc eJ'~ 800.649.1362 <br />www.docmagic.com <br /> <br />:fr <br /> <br />') <br />