Laserfiche WebLink
202200205 <br />interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on the <br />Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder may agree to <br />extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust <br />or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of <br />Trust as to that Borrower's interest in the Property. <br />12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any <br />notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by <br />certified mail addressed to Borrower at the Property Address or at such other address as Borrower may <br />designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified <br />mail to Lender's address stated herein or to such other address as Lender may designate by notice to <br />Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been <br />given to Borrower or Lender when given in the manner designated herein. <br />13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be <br />the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the <br />applicability of federal law to this Deed of Trust. In the event that any provision or clause of this Deed of <br />Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of <br />Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of <br />this Deed of Trust and the Note are declared to be severable. As used herein, "costs," "expenses" and <br />"attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. <br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of <br />Trust at the time of execution or after recordation hereof. <br />15. Rehabilitation Loan Agreement. Borrower shall fulfill. all of Borrower's obligations under any <br />home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. <br />Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to <br />Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who <br />supply labor, materials or 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 <br />any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and <br />Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require <br />immediate payment in full of all sums secured by this Deed of Trust. However, this option shall not be <br />exercised by Lender if exercise Is 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 <br />provide a period of not less than 30 days from the date the notice is delivered or mailed within which <br />Borrower must pay all sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to <br />the expiration of thls period, Lender may invoke any remedies permitted by this Deed of Trust without <br />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 <br />breach of any covenant or agreement of Borrower in this Deed of Trust, including Borrower's <br />failure to pay, by the end of 10 calendar days after they are due, any sums secured by this Deed of <br />Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 <br />hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less <br />than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; <br />and (4) that failure to cure such breach on or before the date specified in the notice may result In <br />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 <br />action to assert the nonexistence of a default or any other defense of Borrower to acceleration and <br />sale. If the breach is not cured on or before the date specified In the notice, Lender, at Lender's <br />option, may declare all of the sums secured by this Deed of Trust to be Immediately due and pay- <br />able without further demand and may invoke the power of sale and any other remedies permitted by <br />applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred In <br />pursuing the remedies provided In this paragraph 17, Including, but not limited to, reasonable <br />attorneys' fees. <br />If the power of sale Is Invoked, Trustee shall record a notice of default In each county in which <br />the Property or some part thereof is located and shall mall copies of such notice in the manner <br />prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. <br />After the lapse of such time as may be required by applicable law, Trustee shall give public notice of <br />sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on <br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and <br />under the terms designated in the notice of sale In one or more parcels and In such order as <br />Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled sale. Lender or Lender's designee <br />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 <br />conveying the Property sold. The recitals In the Trustee's deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shall apply the proceeds of the sale In the following <br />order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, Trustee's <br />NEBRASKA — SECOND MORTGAGE —1/80-- Single Family --Fannie Mae/Freddie Mac UNIFORM STATEMENT Form 3028 1/01NEVSECDE (UBTP) 0717 <br />Page 4 of 6 NEVSECDE (CLS) <br />