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<br />88- 103688 <br /> <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 FU'lds to pay sllld <br />taxes, assessments, Insurance premhms and ground rents. lender may not charge for so holding and applying the Funds, analyZing <br />said account or verifying and compiling said assessments and bills, unless lender pays Borrower Interest on the Funds and applicable <br />law permits lender to make such a charge. Borrower and lender may agree In writing at the time of execution of this Deed of Trust <br />thaI Interest on the Funds shall be paid to Borrower, and unless such agreement Is made or applicable law requires such Intere51 to be <br />paid, lender shall not be required to pay Borrower any interllst or earnings on the Funds. lender shall give to Borrower, without <br />charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds <br />was made. The Funds arepledged as additional security forthe SllTlS secured by this Deed of Trust. <br />If the ;mount of the Funds held by Lender, together with the future monthly Installments of Funds payable prior to the due <br />dates of taxes. assessments, Insurance premillTls and ground rents, shall exceed the ;mount required to pay said taxes, assessments, <br />Insurance premlllTls and ground rents as they fall due, such excess shall be. at Borrower's option, either promptly repaid to Borrower <br />or credited 10 Borrower on monthly In51a1lments of Funds. If the ;mount of tha Funds held by lender shall not De sufficient to pay <br />taxes, assessments, Insurance premlllTls and ground rAnts as they fall due. Borrower shall pay to lender arw ;mount necessary to <br />makeup the deficiency in one or more payments as lendermay require. <br />Upon payment In full of all SllTlS secured by this Deed of Trust,lender shall promptly refund to Borrower arw Funds held by <br />lender. If under paragraph 1 7 hereof the Property Is sold 01" the Property Is otherwise acquired by lender,lender shall apply, no lilter <br />thanlnmedlately prior to the sale of the Property or Its acquisition by lender, any Funds held by lender at the time of appllciltlon asa <br />credit against the SllTlS secured by this Deed of Trust. <br />3. Appllmlon of Plymenta. Unless applicable law provides otherwise, all payments received by lender under the Note and <br />paragraphs 1 and 2 hereof shall be applied by Lender first In payment of ;mounts payable to lender by Borrower under paragraph 2 <br />hereof, then to Interest payable on the Note, and then to the principal of the Note. <br />4. Prior Mortglllel and Deeds of Trust; Chargea; Liens. Borrower shall perform all of Borrower's obligations under arw <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 pay or 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 />&. Hlzard Insurance. Borrower shall keep the Improvements now existing or hereafter erecled on the Property insured <br />against loss by fire, hazards Included within the term "extended coverage", and such other hazards as Lender may require and in such <br />;mounts and for such periods as Lender may require. <br />The Insurance carrier providing the insurance shall be chosen by Borrower sub ject 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 />and renewals thereof, subject to Ihe terms of any mortgage, deed of trust or olher security agreement with a lien which has priority <br />over this Deed of Trusl. <br />In the event of loss, Borrower shall give prompt notice to the Insurance carrier and Lender. lender may make proof of loss if <br />nOI made promptly by Borrower. <br />If the Property Is abandoned by Borrower, or I f Borrower fails to respond to lender within 30 days from the date notice is <br />mailed by lender to Borrower that the Insurance carrier offers to settle a claim for insurance beneflts,lender is authoriZed to collect <br />and apply the insurance proceeds at lender's opllon either to restoration or repair of the Property or to the SllTlS secured by this Deed <br />of Trust. <br />I. Pre..rvatlon and Maintenance of Propeny; lea.eholcl*; Condomlnluml; Planned Unit Developments. Borrow.,. <br />shall keep the Property In good repair and shall not carmlt waste or permit Impairment or deterioration of the Property and shall <br />comply with the provisions of any lease if this Deed of Trust Is on a leasehold, If this Deed of Trust is on a unit in a condaninillTl or a <br />planned unit development. Borrower shall perform all of Borrower's Obligations under the declaration or covenants creating or <br />governing the condomlnlllTl or planned unit development, the by-laws and regulations of the condominillTl or planned unit <br />development. and constituent docllTlents. <br />7. Protec:tlon of lIndlr'. Security. If Borrower rails to perform the covenants and agreements contalned in this Deed of <br />Trust, or if any action or proceeding Is carmenced which materially affects lender's interes': In the Property, then lend.,.. at lender's <br />option, upon notice to Borrower, may make such appearances, disburse suCh SllTlS, including reasonable attorneys' fees, and take <br />such action as Is necessary to protect lender's Interest. If lander required mortgage insurance as a condition of making Ihe loan <br />secured by this Deed of Trust, Borrower shall pay thli premlllTls required to maintain such insurance In effect until such time as the <br />requirement for such Insurance termlnales In accordance with Borrower's and Lender's written agreement or applicable law. <br />Any iIl10unlS disbursed by lender pursuant to this paragraph 7, with Interest thereon. at the Note rate, shall becane additionill <br />indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of pao.,nent. such <br />;mounts shall be payable upon notice from lender to Borrower requesting payment thereof. Nothing contained In this paragraph 7 <br />shall require Lender to incur any expense or take any action hereunder, <br />I. Inspection. Lender may make or cause to be made reasonable enlrles upon and inspeclions of the Property, provided that <br />lender shall give Borrower nolice prior to any such Inspection specifying reasonable cause therefor related to lender's interest in <br />the Properly. <br />II. Condemnation. The proceeds of any award or claim for d;mages, dlrecl or consequential, in connection with arw <br />condemnalion or other taking of lhe Properly, or part thereof, or for conveyance In lieu of condemnation, are hereby asSigned and <br />sMllbe paid to lender, Subject to the terms of any mortgage, deed of trust or other security agreement with alisn which has priority <br />over this Deed of Trust. <br />10. Borrower Not RlIII.ed; Forblar.ncit iI~ Lendlr Not a Wllver. Extension of the lime for payment or modification of <br />;mortlzatlonof the SllTlS secured by this Deed of Trust granted by lender 10 any successor In Interest of Borrower shall not operate <br />to release, In any manner, Ihe liability of the original Borrower and Borrower's successors In Interest. lender shall not be required to <br />carmence proceedings against such successor or refuse to extend time for paymenl or otherwise modify ornortlzatlonof the SllTlS <br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interesl. ArTo/ <br />forbearance by lender In exercising any righl or remlldy hereunder, or otherwise afforded by applicable law. shall not be a walver of <br />or preclude the exercise of any such right or remedy, <br />11. 8_ora Ind Alllgns Bound; Joint 'nd Slveral Ulbllltv; CO-Ilgne,., The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall fn~e to, Ihe respeclive successors and assigns of Lender and Borrower. subject <br />to the provisions 01 paragraph 16 hereof. All covilnants and agreemsnts or Borrower shall be Joint and several. Any Borrower whO <br />co-signs this Deed of Trust, but does not 9xecutelhe Nole, (a) Is co-signing this Deed of Trust only to granl and convey that <br />Borrower's Interest In the Property 10 Trustse und6r fhillerrns of Ihls DS8d of Trusl, (b) Is nol personally liable on the Note or under <br />this Deed of Trust, and (c) agrees Ihal Lender and ahy other Borrower hereunder may agree to extend, modify. forbear, or make any <br />other accorrmodalions with regard to the terms of ihls Deed of Trust or the Nole, without thaI Borrower's consent and wlthoul <br />releasing that Borrower or modifying this Deed 01 Trust as 10 thaI Borrower's Interest In the Property. <br /> <br />NEBRASKA - HOvlE MPROVEMENT - , /80 -FNiltAlFHlMC UNIFORM INSTRUMENT <br /> <br />~."I.. 10 <br /> <br />PIIII 2 of 4 <br /> <br />mllAB <br />