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1/25/2013 8:07:36 AM
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DEEDS
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201300596
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15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower'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 <br />assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or <br />services in connection with improvements made to the Property. <br />16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a <br />natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full <br />of all sums secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is <br />prohibited 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 />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any <br />covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 <br />calendar days after they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall <br />give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required <br />to cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which <br />such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice <br />may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall <br />further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to <br />assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is <br />not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums <br />secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the <br />power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all <br />reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but <br />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 <br />Property or some part thereof is located and shall mail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such time <br />as may be required by applicable law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to <br />the highest bidder at the time and place and under the terms designated in the notice of sale in one or more <br />parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the <br />Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's <br />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 <br />the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and <br />expenses of the sale, including, but not limited to, Trustee's fees actually incurred reasonable attorneys' fees as <br />permitted by Applicable Law; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the <br />person or persons legally entitled thereto. <br />NEBRASKA - Second Mortgage -1/80 <br />VMP- 76(NE) (0509) <br />Page 5 of 7 <br />20130059E <br />Borrower(s) Initial <br />Amended 7/04 <br />11-NP <br />
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