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NON-UNIFORM COVENANTS. Borrower, Lender Contractor further covenant and agree as follows: Q�.� �!j_q/1w�
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<br /> 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of
<br /> Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after they are due, any sums secured by this
<br /> Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragreph 12 hereof specifying: (1) the breach; (2) the
<br /> action required to cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which such breach
<br /> must be cured; and (4) that failure to cure such breach on or before the date speci�ed in the notice may result in acceleration of the sums
<br /> secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and
<br /> the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach
<br /> is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust
<br /> to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable
<br /> law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17,
<br /> including, but not limited to,reasonable attorneys'fees.
<br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some part thereof is
<br /> located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by
<br /> applicable law. After the lapse of such time as may required by applicable law, Trustee shall give public notice of sale to the persons and in the
<br /> manner prescribed by applicable law. Trustee,without demand on Borrower,shall sell the Property at public auction to the highest bidder at the
<br /> time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee
<br /> may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br /> Lender's designee may purchase the property at any sale.
<br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold. The
<br /> recitals in Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale
<br /> in the following order: (a)to all reasonable costs and expenses of the sale, including, but not limited to,Trustee's fees actually i�curred of not
<br /> more than 5.00 % of the gross sale price, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of
<br /> Trust;and (c)the excess, if any,to the person or persons legally entitled thereto.
<br /> 18. Borrower's Right to Reinstate. Notwithstanding Lenders acceleration of the sums secured by this Deed of Trust, due to
<br /> Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any
<br /> time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust
<br /> or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust
<br /> and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this
<br /> Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of
<br /> Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but
<br /> not limited to, reasonable attorneys' fees's; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this
<br /> Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue
<br /> unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and
<br /> effect as if no acceleration had occurred.
<br /> 19. Assignment of Rents;Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns
<br /> to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the
<br /> Property, have the right to collect and retain such rents as they become due and payable.
<br /> Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed
<br /> receiver shall be entitled to enter upon,take possession of and manage the Property and to collect the rents of the Property including those past
<br /> due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of
<br /> rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonab�e attorneys' fees, and then to the sums secured
<br /> by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received.
<br /> 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property
<br /> and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey
<br /> the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs
<br /> of recordation, if any.
<br /> 21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any
<br /> Trustee appointed hereunder by an instrument recorded in the county in which Yhis Deed of Trust is recorded. Without conveyance of the
<br /> Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law.
<br /> 22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to Borrower's address
<br /> which is the Property Address.
<br /> App# 001-08-80005284
<br /> ���_ ,, s,:� Initials: Initials:
<br /> NEBRASKA-Second Mortgage- 1/80- FNMA/FHLMC UNIFORM INSTRUMENT-Form 3828 (Page 4 of 5)
<br /> Management Systems Development, Inc. (800) 984-6060 Loan Energizer!TM #NE_DEED Copyright(c) 1994
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