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200107161
<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 covenant
<br />or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days
<br />after they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower
<br />as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date,
<br />not less than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that
<br />failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured
<br />by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after
<br />acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of
<br />Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender,
<br />at Lender's option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable
<br />without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender
<br />shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this
<br />paragraph 17, including, but 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 Property or
<br />some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to
<br />Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by
<br />applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law.
<br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and
<br />place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may
<br />determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and
<br />place of any previously scheduled sale. Lender or Lender's 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 the
<br />Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
<br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses
<br />of the sale, including, but not limited to, Trustee's fees actually incurred of not more than 5.000 % of
<br />the gross sale price, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust;
<br />and (c) the excess, if any, to the person or persons legally entitled thereto.
<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 shall 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 sale of the Property
<br />pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust
<br />if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no
<br />acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained
<br />in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the
<br />covenants and agreements of Borrower container: in this Deed of Trust and in enforcing Lender's and Trustee's
<br />remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower
<br />takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in
<br />the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired.
<br />Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full
<br />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 collect and retain such rents as they become
<br />due and payable.
<br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, 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
<br />to payment of the costs of management of the Property and collection 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 secured by this Deed of Trust.
<br />Lender and the receiver shall be liable to account only for those rents actually received.
<br />20. Reconveyance. Upon payment 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
<br />Deed of Trust to Trustee. Trustee shall 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 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 the Property, the sir ^cessor trustee shall succeed to Al 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 which is the Property Address.
<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
<br />has priority over this Deed of Trust to give Notice to Lender, at Lender's address set forth on page one of this Deed
<br />of Trust, of any default under the superior encumbrance and of any sale or other foreclosure action.
<br />NEBRASKA- SECOND MORTGAGE -1/80- FNMA /FHLMC UNIFORM INSTRUMENT Form 3828
<br />Document Systems, Inc. (800) 649 -1362 Page 4 of 5
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