201208207 - Laserfiche WebLink

Browse

�o�2o�zo� 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the swns secured by this Deed of Trust, due to Borrower's breach, Borrower sha11 have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Properiy pursuant to the power of sale contained in this Deed of Tiust or (u) entry of a judginent enforcing this Dced of Trust if: (a) Bonower pays Lender a11 sums which would be then due under this De.ed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and Boaower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Bonower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower sha11, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed rec:eiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past 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 rents, including, but not lunited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by tlus Deed of Trust. Lender and the receiver sha11 be liable to account only for those rents actually received. 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender sha11 request Trustee to reconvey the Property and sha11 surrender this De,ed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee sha11 reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay a11 costs of recordation, if any. 21. Substitute lrustee. Lender, at Lender's option, may from time to time remove Trust� and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in wluch this Deed of Trust is recorded. Without cottveyance of the Properiy, the successor trustee sha11 succ.eed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 22. Request for Nottces. Bonower requests that copies of the notice of default and notice of sale be sent to Borrower's address which is the Property Address. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of hvst or other encumbrance with a lien which has priority over this Deed of Trust to g,ive Notice to Lender, at Lender's address set forth on page one of this Deed of Trust, of any default under the superior encumbrance and of any sale or other for�losure action. NEBRASKA - Second Mortgage -1/80 VMP-76(N� (0509) Page 6 of 7 Amend� Borrower(s) Initiais �J�'S