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BERNICP•J BEEDER �'������ �� 202945 O1/19/2000 <br /> - 18. Borrower's Right to Reinstate. Notwithstaudiug Lender's acceleration of the sums secured by this Deed of <br /> Trust, due to Borrower's breach, Barrower shall liave the right to have any proceedings begun by Lender to enforce this <br /> Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property <br /> pursuant Co the power of sale contained in this Deed of Trust or(ii)eutry of a judgment enforcing this Deed of Trust if: (a) <br /> Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration <br /> occurred; (b) Borrower cures all breaclies of any other covenants or agreements of Borrower contained in this Deed of <br /> Trust; (c) Borrower pays all reasonable expenses incurred by Lender a�id Trustee in enforcing the covenants and <br /> agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in <br /> paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Bonower takes such action as <br /> Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and <br /> Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and <br /> cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no <br /> acceleration had occurred. <br /> 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additioual security hereunder, <br /> Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, priar to acceleration under <br /> paragraph 17 hereof or abaudonment of the Property, have the right to collect aud retain such rents as they become due and <br /> payable. <br /> Upon acceleration uitrler• para��rapit 17 l�ereof +�r abai�donment of the P:operty, 3..ender, in persc�n, by agent c�r by <br /> judicially app<>inted receiver shall be eutitled to enter upon, take possession of and mauabe the Property and to collect the <br /> rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied tirst to <br /> payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, <br /> premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender <br /> and the receiver shall be liable to account oiily for those rents actually received. <br /> 20. Reconveyance. Upon payuient of all 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 Deed of <br /> Trust to Trustee. Trustee shall reconvey the Property without warranty and witl�out charge to the person or persons legally <br /> entitled thereto. Such person or persous shall pay all costs of recordation, if any. <br /> 21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor <br /> trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is <br /> recorded. Without conveyance of tl�e Property, the successor trustee shall succeed to all the title, power and duties <br /> conferred upon the Trustee herein and by applicable law. <br /> 22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to <br /> Borrower's address whicl� is the Property Address. <br /> 23. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br /> Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the <br /> Property that is in violation of any Enviroimiental Law. The preceding two seutences shall not apply to the presence, use, <br /> or storage ou the Property of small quautities of Hazardous Substances that are generally recognized to be appropriate to <br /> normal resideutial uses and to maintenance of the Property. <br /> Borrower shall pr<�mptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br /> any govermnental or regulatory agency or private party involving tlie Property and any Hazardous Substance or <br /> Eirviroiunental Law of which Borrower has actual lcnowledge. lf Borrower learns, or is notitied by any govenunental or <br /> reaulatory authority, that any removal or other remediatiou of any Hazardous Substance affecting the Property is <br /> necessary, Bormwer shall promptly take all necessary remedial actions in accardance with Environmental Law. <br /> As used in this paragraph 23, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br /> by Environmental Law and the following substances: gasoline, kemsene, other flaminable or toxic petroleum products, <br /> toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. <br /> As used in this paragraph 23, "Enviromnental Law" means federal laws and laws of the jurisdiction where the Property is <br /> located that relate to health, safety or enviroiunental protection. <br /> (Intentionally Left Blank) � <br /> Ncbraska26876-4 1/98 Oriainal(Recordedl C�nv(Branehl Cnnv([',�ctnmarl UaoPa,.sa , <br />