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200008400 <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 or agreement of <br />Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after they are due, any sums secured by this <br />Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the <br />action required to cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which such breach <br />must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and <br />the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach <br />is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust <br />to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable <br />law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, <br />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 some part thereof is <br />located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by <br />applicable law. After the lapse of such time as may required by applicable law, Trustee shall give public notice of sale to the persons and in the <br />manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the <br />time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee <br />may postpone sale of all or any parcel of the property by public announcement at the time and place of any previously scheduled sale. Lender or <br />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 Property so sold. The <br />recitals in Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale <br />in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees actually incurred of not <br />more than % of the gross sale price, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of <br />Trust; 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 Trust, due to <br />Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any <br />time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust <br />or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust <br />and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this <br />Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of <br />Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but <br />not limited to, reasonable attorneys' fees's; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this <br />Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue <br />unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and <br />effect as if no acceleration had occurred. <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns <br />to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the <br />Property, have the right to collect and retain such rents as they become due and payable. <br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed <br />receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past <br />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 <br />rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured <br />by this Deed of Trust. 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 reconvey the Property <br />and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey <br />the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs <br />of recordation, if any. 7' <br />21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any <br />Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. Without conveyance of the <br />Property, the successor trustee shall succeed to all the title, power and duties 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 Borrower's address <br />which is the Property Address. <br />App # 9215 -00 0000324 <br />Initials: Initials: Initials: Initials: <br />NEBRASKA - Second Mortgage - 1/80 - (Par 13 amend 11/98) - FNMA /FHLMC UNIFORM INSTRUMENT - Form 3828 (Page 4 of 5) <br />Management Systems Development, Inc. (800) 984 -6060 Loan EnergizeriT" #NE_DEED Copyright (c) 1994 <br />