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200500077 <br />Loan No.:00004 -24183 <br />Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and <br />convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that <br />Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances <br />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 <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 <br />to 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 any, <br />plus one - twelfth of yearly premium installments for hazard insurance, plus one - twelfth of yearly premium installments for <br />mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments <br />and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the <br />extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust 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 <br />insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the <br />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 Borrower <br />interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing <br />at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement <br />is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or <br />earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits <br />and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional <br />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 taxes, <br />assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly <br />repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall <br />not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender <br />any amount necessary to make up the 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 <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 Lender <br />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 <br />the 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, including <br />Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other <br />charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold <br />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 acceptable <br />to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the <br />right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement <br />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 to <br />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 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 on <br />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 of <br />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 reasonable <br />attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as <br />a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such <br />NEBRASKA - SECOND MORTGAGE Form Filled Using DOCMagic® <br />02004 Middleberg, Riddle & Gianna 800-649 -1362 www.docmagic.com 1/04 (Page 2 of 5 Pages) <br />