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202403741
<br />LOAN #: 2404716
<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
<br />connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu
<br />of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage,
<br />deed of trust or other security agreement with a lien which has priority over this Deed of Trust.
<br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for pay-
<br />ment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any
<br />successor in interest of Borrower shall not operate to release, in any manner, the liability of the original
<br />Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings
<br />against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's
<br />successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise
<br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
<br />11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and
<br />agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors
<br />and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and
<br />agreements of Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trust, but
<br />does not execute the Note, (a) is co-signing this Deed of Trust only to grant and convey that Borrower's
<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
<br />to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of
<br />Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this
<br />Deed of 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
<br />notice by certified mail addressed to Borrower at the Property Address or at such other address as Bor-
<br />rower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given
<br />by certified mail to Lender's address stated herein or to such other address as Lender may designate by
<br />notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to
<br />have been 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
<br />be 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
<br />of 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
<br />of 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
<br />to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties
<br />who 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
<br />or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and
<br />Borrower is nota 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 this 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 breach
<br />of any covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay,
<br />by the end of 10 calendar days after they are due, any sums secured by this Deed of Trust, Lender
<br />prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying:
<br />(1) the breach; (2) the action required to cure such breach; (3) a date, not Tess than 20 days from
<br />the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure
<br />to cure such breach on or before the date specified in the notice may result in acceleration of the
<br />sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Bor-
<br />rower of the right to reinstate after acceleration and the right to bring a court action to assert the
<br />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
<br />NEBRASKA — SECOND MORTGAGE — 1/80 — Fannie Mae/Freddie Mac Form 3828
<br />Modified by ICE Mortgage Technology, Inc. All rights reserved.
<br />ICE Mortgage Technology, Inc. Page 4 of 6
<br />1111 " , maramrigoineal111
<br />NECSECDE 1221
<br />NECSECDE (CLS)
<br />08/06/2024 09:53 AM PST
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