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202200205 <br />fees actually Incurred of not more than 0.00% of the gross sales price, reasonable attorneys' <br />fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, <br />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 <br />by this Deed of Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings <br />begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of <br />(i) the fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust <br />or (11) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would <br />be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all <br />breaches of any other covenants or agreements of Borrower contained In this Deed of Trust; (c) Borrower <br />pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements <br />of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided <br />in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes <br />such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's inter- <br />est 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 <br />hereby shall remain in full force and effect as if no acceleration had occurred. <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security <br />hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, <br />prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect <br />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 <br />agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage <br />the Property and to collect the rents of the Property including those past due. All rents collected by Lender <br />or the receiver shall be applied first to payment of the costs of management of the Property and collec- <br />tion of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable <br />attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be <br />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 <br />Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebted- <br />ness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and <br />without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs <br />of recordation, if any. <br />21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint <br />a successor trustee to any Trustee appointed hereunder by an Instrument recorded in the county in which <br />this Deed of Trust Is recorded. Without conveyance of the Property, the successor trustee shall succeed <br />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 <br />sent to Borrower's address which is the Property Address. <br />23. Riders. All Riders to this document are executed by Borrower. The following Riders are to be <br />executed by the Borrower [check box as applicable]: <br />❑ Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑Other(s) [specify] <br />❑ 1-4 Family Rider ❑ Biweekly Payment Rider <br />0 V.A. Rider <br />REQUEST FOR NOTICE OF DEFAULT AND <br />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 <br />lien which has priority over this Deed of Trust to give Notice to Lender, at Lender's address set forth on <br />page one of this Deed of Trust, of any default under the superior encumbrance and of any sale or other <br />foreclosure action. <br />NEBRASKA — SECOND MORTGAGE—1/80-- Single Family --Fannie Mae/Freddie Mac UNIFORM STATEMENT Form 3028 1/01NEVSECDE (UBTP) 0717 <br />Page 5 of 6 NEVSECDE (CLS) <br />