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<br />:200706870
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<br />(Page 2 af 6)
<br />TOGETHER with all the improvements naw or hereafter erected an the property, and all easements, rights,
<br />appurtenances and rents (subject however to. the rights and authorities given herein to Lender to. callect and apply such
<br />rents), all of which shall be deemed to be and remain a part af the property cavered by this Deed af Trust; and all of the
<br />foregoing, tagether with said praperty (or the leasehold estate if this Deed af Trust is on a leasehold) are hereinafter
<br />referred to. as the "Praperty."
<br />Barrawer cavenants that Barrower is lawfully seised of the estate hereby canveyed and has the right to grant and convey
<br />the Praperty, and that the Property is unencumbered except for encumbrances af recard. Barrower covenants that
<br />Barrower warrants and will defend generally the title to. the Praperty against all claims and demands, subject to
<br />encum brances of record.
<br />UNIFORM COVENANTS. Barrower and Lender covenant and agree as fallows:
<br />1. Payment af Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Barrawer shall
<br />pay when due the principal af, and interest (including any variatians in interest resulting fram changes in the Cantract
<br />Rate that may be specified in the Note) on, the debt evidenced by the Note and any prepayment charges and late charges
<br />due under the Note. Barrawer shall also pay funds far Escraw Items pursuant to paragraph 3. Payments due under the
<br />Note and this Deed af Trust shall be made in U.S. currency. Hawever, if any check ar ather instrument received by
<br />Lender as payment under the Note ar this Deed af Trust is returned to Lender unpaid, Lender may require that any ar
<br />all subsequent payments due under the Note and this Deed af Trust be made in ane ar more of the following farms, as
<br />selected by Lender: (a) cash; (b) maney arder; (c) certified check, bank check, treasurer's check or cashier's check,
<br />provided any such check is drawn upan an institutian whose deposits are insured by a federal agency, instrumentality, ar
<br />entity; or (d) electranic funds transfer.
<br />Payments are deemed received by Lender when received at the location designated in the Nate ar at such ather lacatian
<br />as may be designated by Lender in accordance with the notice provisians in paragraph 12. Lender may return any
<br />payment or partial payment if the payment or partial payments are insufficient to. bring the Laan current. Lender may
<br />accept any payment or partial payment insufficient to. bring the Loan current, without waiver af any rights hereunder or
<br />prejudice to its rights to. refuse such payment or partial payments in the future, but Lender is not obligated to apply
<br />such payments at the time such payments are accepted. If each monthly payment is applied as of its scheduled due date,
<br />then Lender need nat pay interest on unapplied funds. Lender may hald such unapplied funds until Borrower makes
<br />payment to. bring the Loan current. If Barrawer does not do so within a reasanable period of time, Lender shall either
<br />apply such funds ar return them to Barrawer. If not applied earlier, such funds will be applied to. the autstanding
<br />principal balance under the Note immediately prior to foreclosure. No. affset ar claim which Borrower might have now
<br />or in the future against Lender shall relieve Barrawer from making payments due under the Note and this Deed af Trust
<br />or performing the cavenants and agreements secured by this Deed of Trust.
<br />2. Applicatian of Payments ar Praceeds. Except as atherwise described in this paragraph or as may be required
<br />by the Note and/or applicable law, all payments accepted and applied by Lender shall be applied in the following order of
<br />priority: (a) interest due under the Note; (b) principal due under the Note; (c) amaunts due under paragraph 3. Such
<br />payments shall be applied to. each monthly payment in the order in which it became due. Any remaining amounts shall
<br />be applied first to late charges, second to any ather amounts due under this Deed of Trust, and then to reduce the
<br />principal balance of the Nate.
<br />If Lender receives a payment from Borrower far a delinquent fl196thly payment w!1ichincludes a sufficient amount to.
<br />pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one
<br />monthly payment is outstanding, Lender may apply any payment received from Borrower to. the repayment of the
<br />monthly payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after
<br />the payment is applied to the full payment af ane or more manthly payments, such excess may be applied to. any late
<br />charges due. Valuntary prepayments shall be applied first to any prepayment charges and then as described in the Nate.
<br />Any applicatian af payments, insurance proceeds, ar miscellaneous proceeds to. principal due under the Note shall nat
<br />extend or pastpane the due date, or change the amaunt, of the monthly payments.
<br />3. Funds for Escrow Items. Barrawer shall pay to Lender on the day manthly payments are due under the Note,
<br />until the Note is paid in full, a sum (the "Funds") to provide far payment of amount due far: (a) taxes and assessments
<br />and ather items which can attain priarity over this Deed af Trust as a lien or encumbrance on the Property; (b)
<br />leasehold payments or graund rents on the Property, if any; (c) premiums for any and all insurance required by Lender
<br />under paragraph 5; and (d) Martgage Insurance premiums, if any. These items are called "Escrow Items." At
<br />arigination or at any time during the term of the Laan, Lender may require that Cammunity Association Dues, Fees,
<br />and Assessments, if any, be escrawed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
<br />Barrawer shall promptly furnish to. Lender all notices of am aunts to. be paid under this paragraph. Borrower shall pay
<br />Lender the Funds for Escrow Items unless Lender waives Barrawer's abligation to pay the Funds far any ar all Escrow
<br />Items. Lender may waive Barrower's abligation to pay to Lender Funds for any or all Escrow Items at any time. Any
<br />such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable,
<br />the am aunts due for any Escrow Items far which payment af Funds has been waived by Lender and, if Lender requires,
<br />shall furnish to Lender receipts evidencing such payment within such time periad as Lender may require. Borrower's
<br />abligation to make such payments and to provide receipts shall for all purpases be deemed to be a cavenant and
<br />agreement contained in this Deed of Trust, as the phrase "covenant and agreement" is used in paragraph 7. If Barrower
<br />is obligated to pay Escraw Items directly, pursuant to a waiver, and Barrawer fails to pay the am aunt due far an Escrow
<br />Item, Lender may exercise its rights under paragraph 7 and pay such am aunt and Borrower shall then be abligated under
<br />paragraph 7 to. repay to Lender any such am aunt. Lender may revake the waiver as to any or all Escraw Items at any
<br />time by a natice given in accordance with paragraph 12 and, upan such revacation, Borrower shall pay to. Lender all
<br />Funds, and in such am aunts, that are then required under this paragraph.
<br />Lender may, at any time, collect and hald Funds in an amount (a) sufficient to. permit Lender to apply the Funds at
<br />the time specified under the Real Estate Settlement Procedures Act (12 U.S.c. Section 2601 et seq.) and its implementing
<br />regulatian, Regulatian X (24 C.F.R. Part 35000), as they might be amended from time to time, ar any additional or
<br />successor legislatian ar regulation that governs the same subject matter (herein "RESP A"); and (b) nat to exceed the
<br />maximum amaunt a lender can require under RESP A. As used in this Deed of Trust, RESP A refers to all requirements
<br />and restrictians that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a
<br />"federally related mortgage loan" under RESPA. Lender shall estimate the amount af Funds due on the basis of current
<br />data and reasonable estimates af expenditures of future Escraw Items or otherwise in accardance with applicable law.
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<br />12-05-05 DOT
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<br />NE001102
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<br />ORIGINAL
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