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<br />Borrower's failure to act such that a lien superior to Lender's lien is filed against the Property; (vi) the death of all
<br />Borrowers; (vii) the Property is taken by condemnation or eminent domain; (viii) a judgment is filed against
<br />Borrower that subjects the Property to action that adversely affects Lender's interest in the Property; (ix) the creation
<br />of a lien on the Property without Lender's permission; or (x) a superior lien holder forecloses on the Property such
<br />that Lender's interest in the Property is adversely affected.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />15. Acceleration: Remedies. Except as may be prohibited by Applicable Law, and subject to any advance notice
<br />and cure period if required by Applicable Law, if any event or condition described in Section 14 occurs, Lender may
<br />foreclose upon this Deed of Trust as a mortgage by judicial proceeding or sell the Premises pursuant to the power of
<br />sale conferred in this Deed of Trust. This means that Lender may arrange for the Premises to be sold, as provided by
<br />law, in order to pay off what Borrower owes on the Note and under this Deed of Trust. If the money Lender receives
<br />from the sale is not enough to pay off what Borrower owes Lender, Borrower will still owe Lender the difference,
<br />which Lender may seek to collect from Borrower in accordance with Applicable Law. In addition, Lender may, in
<br />accordance with Applicable Law, (i) enter on and take possession of the Premises; (ii) collect the rental payments,
<br />including over -due rental payments, directly from tenants; (iii) manage the Premises; and (iv) sign, cancel and change
<br />leases. Borrower agrees that the interest rate set forth in the Note will continue before and after a default, entry of a
<br />judgment and foreclosure. In addition, Lender shall be entitled to collect all reasonable fees and costs actually incurred
<br />by Lender in proceeding to foreclosure or trustee sale, including, but not limited to, reasonable attorneys fees and costs
<br />of documentary evidence, abstracts and title reports. If Beneficiary elects to sell Borrower's interest in the Premises by
<br />exercise of the power of sale herein contained, Beneficiary will notify Trustee in the manner then required by law.
<br />Upon receipt of such notice of Beneficiary and at the direction of Beneficiary, Trustee will cause to be recorded,
<br />published and delivered such notices of default and notices of sale as may then be required by law and by this Deed of
<br />Trust. Trustee will, only at the direction of Beneficiary and without demand on Borrower, after such time as may then
<br />be required by law and after recordation of such notice of default and after notice of sale having been given as required
<br />by law, sell the Premises at the time and place of sale fixed by it in such notice of sale, either as a whole or in separate
<br />lots or parcels or items as Beneficiary deems expedient, and in such order as it may determine, at public auction to the
<br />highest bidder for cash in lawful money of the United States payable at the time of sale, or as otherwise may then be
<br />required by law. Trustee will deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds
<br />conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of
<br />any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation,
<br />Borrower, Trustee or Beneficiary, may purchase at such sale. Trustee may in the manner provided by law postpone sale
<br />of all or any portion of the Premises. The Trustee shall apply the proceeds of the Trustee's sale, first, to the costs and
<br />expenses of exercising the power of sale and of the sale, including the payment of the Trustee's fees actually incurred
<br />not to exceed the amount which may be provided for in the Deed of Trust, second, to the payment of the obligation
<br />secured by the Deed of Trust, third, to the payment of junior deeds of trust, mortgages or other lienholders, and the
<br />balance, if any, to the person or persons legally entitled thereto.
<br />If Borrower is in default, Lender may elect not to accelerate the Secured Indebtedness but instead may refuse to
<br />make additional advances or reduce the Credit Limit. Even if Lender elects not to exercise any remedy under this
<br />Security Instrument, Lender does not forfeit or waive Lender's right to do so at a later time or to do so if Borrower is
<br />in default again.
<br />16. Reconveyance. Upon payment of all sums secured by this Deed of Trust and provided Lender's obligation to
<br />make further advances under the Note has terminated, Lender shall discharge this Deed of Trust without charge to
<br />Borrower, except that Borrower shall pay any fees for recording of a satisfaction of this Deed of Trust. Upon written
<br />request of Beneficiary stating that all sums secured hereby have been paid and upon surrender of this Deed of Trust and
<br />any note to Trustee for cancellation and retention and upon payment by Beneficiary of Trustee's fees, Trustee shall
<br />reconvey to Beneficiary, or the person or persons legally entitled thereto, without warranty, any portion of the Premises
<br />then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled
<br />thereto."
<br />NEBRASKA HELOC Deed of Trust with MERS
<br />Page 7 of 9
<br />IDS, Inc. - 39409
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