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201302707
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201302707
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8/19/2014 2:22:43 PM
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4/4/2013 2:45:42 PM
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DEEDS
Inst Number
201302707
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Trust. <br />201302707 <br />5. Inspection. Lender or their agents may make reasonable entries upon and inspections of the <br />Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable <br />cause for the inspection. <br />6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of <br />condemnation, are hereby assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by <br />this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial <br />taking of the Property, unless Borrower and Lender otherwise agrees in writing, the sums secured by this <br />Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) <br />the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of <br />the Property immediately before the taking. Any balance shall be paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor <br />offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days <br />after the date the notice is given, Lender is authorized to collect and apply the proceeds, at their option, either <br />to restore or repair the Property or to pay the sums secured by this Security Instrument, whether or not then <br />due. <br />7. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment <br />or modification of amortization of the sums secured by this Security Instrument granted by Lender to any <br />successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's <br />successors in interest. Lender shall not be required to commence proceedings against any successor in <br />interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this <br />Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in <br />interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />8. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and <br />Borrower, subject to the provisions of paragraph 13. Borrower's covenants and agreements shall be joint and <br />several. <br />9. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect <br />of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, <br />Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument <br />and may invoke any remedies permitted by paragraph 15. If Lender exercises this option, Lender shall take <br />the steps specified in the second paragraph of paragraph 13. <br />10. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by <br />delivering it or by mailing it by first class mail unless applicable law requires use of another method. The <br />notice shall be directed to the Property address or any other address Borrower designates by notice to Lender. <br />Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address <br />Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed <br />to have been given to Borrower or Lender when given as provided in this paragraph. <br />11. Governing Law; Severability. This Security Instrument shall be governed by the law of the State <br />of Nebraska. In the event that any provision or clause of this Security Instrument or the Note conflicts with <br />applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can <br />be given effect without the conflicting provision. To this end the provisions of this Security instrument and the <br />Note are declared to be severable. <br />12. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Deed of <br />13. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or <br />any interest in it is sold or transferred (or if a beneficial interest in the Borrower is sold or transferred and the <br />new Borrower is not a natural person) without Lender's prior written consent, Lender may, at Lender's option, <br />require immediate payment in full of all sums secured by this Deed of Trust. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall <br />provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower <br />must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the <br />expiration of this period, Lender may invoke any remedies permitted bythis Security Instrumentwithoutfurther <br />notice or demand on Borrower. <br />14. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right <br />to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or <br />such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any <br />power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security <br />Instrument. Those conditions are that Borrower: (a) pay Lender all sums which then would be due under this <br />Security Instrument and the Note had no acceleration occurred; (b) cure any default of any other covenants <br />or agreements; (c) pay all expenses incurred in enforcing this Security Instrument, including, but not limited <br />to, reasonable attorneys' fees; and (d) take such action as Lender may reasonably require to assure that the <br />lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums <br />secured bythis Security Instrument, shall continue unchanged. Upon reinstatement by Borrower, this Security <br />Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. <br />However, this right to reinstate shall not apply in the case of acceleration. <br />15. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration <br />under paragraphs 9 and 13). The notice shall specify: (a) the default; (b) the action required to cure the <br />2 <br />
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