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201205908
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201205908
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Last modified
9/10/2012 2:47:19 PM
Creation date
7/19/2012 4:41:44 PM
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DEEDS
Inst Number
201205908
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20120590� <br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br />Trust, due to Borrower's breach, Borrower sha11 have the right to have any proceedings begun by Lender to enforce <br />this Deed �of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the <br />Property pursuant to the power of sale contained in this Deed of Trust or (ri) entry of a judgment enforcing this Deed <br />of Trust if (a) Bonower pays Lender a11 sums wluch would be then due under this Deed of Ti�ust and the Note had no <br />acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in <br />this Deed of Trust; (c) Borrower pays a11 reasonable expenses incurred by Lender and Trustee in enforcing the <br />covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's <br />remedies as provided in pazagraph 17 hereof, including, but not limited to, r�sonable attorneys' fees; and (d) <br />Borrower takes such acrion as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's <br />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 <br />remain in fuli force and effect as if no acceleration had occurred. <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, <br />Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under <br />paragraph 17 hereof or abandonment of the Property, have the right to coll�t and retain such rents as they become <br />due and payable. <br />Upon acceleration under paragra.ph 17 hereof or abandonment of the Property, Lettder, in person, by agent or by <br />judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect <br />the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to <br />payment of the costs of management of the Property and collecrion of rents, including, but not limited to, receiver's <br />fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secwed by tlus Deed of <br />Trust. Lender and the receiver shall be liable to account only for those rents actually received. <br />20. Reconveyance. Upon payment of a11 sums secured by this Deed of Trust, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this <br />Deed of Trust to Trustee. Trustee sha11 reconvey the Property without warranty and without charge to the person or <br />persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. <br />21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Tn�st� and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county itt which this D�d of <br />Trust is recorded. Without conveyance of the Property, the successor trustee sha11 succeed to all the title, power and <br />duties conferred upon the Trustee herein and by applicable law. <br />22. Request for Notices. Bonower requests that copies of the notice of default and notice of sale be sent to <br />Borrower's address which is the Properiy Addtess. <br />REQUEST FOR NOTICE OF DEFAULT <br />AND FORECLOSURE UNDER SUPERIOR <br />MORTGAGES OR DEEDS OF TRUST <br />Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has <br />priority over this Deed of Trust to give Notice to Lender, at I.ender's address set forth on page one of this Deed of <br />Trust, of any default under the superior encumbrance and of any sale or other foreclosure action. <br />NEBRA3KA - Second Mortgage -1l80 <br />VMP-76(N� (0509) Amended 7/04 <br />Page 6 of 7 �„„ „ <br />Borrower(s) Initlals� r �ia� <br />
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