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�� 98- 1�44�2 <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 this <br /> Deed of Trust,or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br /> then Lender,at Lender's option, upon notice to Borrower,may make such appearances,disburse such sums,including <br /> reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required <br /> mortgage insurance as a condition of making the loan secured by this Deed of Trust,Borrower shall pay the premiums <br /> required to maintain such insurance in effect until such time as the requirement for such insurance terminates in <br /> 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 /> other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment <br /> thereof. Nothing contained in this paragraph 7 shall require Lender to incur any elcpense or take any action hereunder. <br /> 8. Inspeciion Lender may make or cause to be made reasonable entries upon and inspections of the Property, <br /> provided that Lender shall give Bonower notice prior to any such inspection specifying reasonable cause therefor <br /> related to Lender's interest in the Property. <br /> 9. Condemnation The proceeds of any award or claim for damages,direct or consequential,in connection with <br /> any wndemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are <br /> hereby assigned and shall be paid to I:ender, subject to the terms of any mortgage, deed of trust or other security <br /> agreement with a lien which has priority over this Deed of Trust. <br /> 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Fxtension of the time for payment or <br /> modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest <br /> of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's <br /> successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to <br /> extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any <br /> demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising <br /> any right or remedy hereunder, or otheiwise afforded by applicable law, shall not be a waiver of or preclude the <br /> exercise of any such right or remedy. <br /> 11. Successors and Assigns Bound;Joint and Several Liability;Co-signers. The covenants and agreements herein <br /> contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and <br /> Borrower,subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint <br /> and several. Any Borrower who co-signs this Deed of Trust,but does not execute the Note, (a)is co-signing this Deed <br /> of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of <br /> Trust, (b) is not personally liable on the Note or under this Deed of Trust,and (c) agrees that Lender and any other <br /> Borrower hereunder may agree to elctend,modify,forbear,or make any other accommodations with regard to the terms <br /> of this Deed of Trust or the Note without that Borrower's consent and without releasing that Borrower or modifying <br /> this Deed of Trust as to that Borrower's interest in the Property. <br /> 12 Notioe. FJCCept for any notice required under applicable law to be given in another manner, (a) any notice <br /> to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified <br /> mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to <br /> Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated <br /> herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice <br /> provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the <br /> manner designated herein. <br /> 13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of <br /> the jurisdiction in which the Property is located. T'he foregoing sentence shall not limit the applicability of Federal <br /> law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with <br /> applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given <br /> effect without the conflicting provision,and to this end the provisions of this Deed of Trust and the Note are declared <br /> to be severable. As used herein, "costs", "expenses"and"attorneys' fees"include all sums to the eartent not prohibited <br /> by applicable law or limited herein. <br /> 14. Bonower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the <br /> time of execution or after recordation hereof. <br /> 15. Rehabilitation Loan Agreement Borrower shall fulfill all of Bonower's obligations under any home <br /> rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at <br /> Lender's option,may require Borrower to execute and deliver to Lender,in a form acceptable to Lender,an assignment <br /> of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in <br /> connection with improvements made to the Property. <br /> 16. Transfer of the Property or a Beneficial Interest in Bonower. If all or any part of the Property or any interest <br /> in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br /> person) without Lender's prior written consent, Lender may, at its optian, require immediate payment in full of all <br /> sums secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited <br /> by Federal law as of the date of this Deed of Trust. <br /> If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br /> period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all <br /> sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period,Lender <br /> may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <br /> NEBRASKA-SECOND MORTGAGE-IBO-FNMA/FHLMC UNIFORM INSTRUMENT Form 3828 <br /> Document Syeteme,[na(&)0)649-1362 Page 3 of 5 <br />