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I <br /> - ' 99- i(�4265 <br /> before the sale of the Property pursuan[to the power of sale contained in this Deed of Trust or(ii)entry of a judgment enforcing this Deed of Trust if:(a) <br /> Borrower pays Lender all sums which would be then due under[his Deed of Trust and the Note had no acceleration occurred;(b)Borrower cures all breaches of <br /> any other covenants or agreements of Borrower contained in this Deed of Trust;(c)Borrower pays all reasonable expenses incurred by Lender and Trustee in <br /> enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph <br /> 17 hereof,including,but not limited to,reasonable attorneys'fees;and(d)Borrower takes such action as Lender may reasonably require to assure that the lien of <br /> this 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 unimpaired.Upon <br /> such payment and cure by Borrower,this Deed of Trust and the obligations secured 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 hereunder,Borrower hereby assigns to Lender the rents of <br /> the Property,provided that Borrower shall,prior to acceleration under paragraph 17 hereof or abandonment of the Property,have the right to collect and retain <br /> such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property,Lender,in person,by agent or by <br /> judicially appointed receiver shall be entitled to enter upon,take possession of and manage the Property and to collect the rents of the Property including those <br /> past 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 rents, <br /> including,but not limited to,receiver's fees,premiums on receiver's bonds and reasonable attorneys'fees,and then to the sums secured by this Deed of Trust. <br /> 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 and shall surrender this Deed <br /> of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee.Trustee shall reconvey the Property without warranty and withuut charge <br /> to the person or persons legally entitled thereto.Such person or persons shall pay all costs of recordation,if any. <br /> 21.Substitute Trustee.Lender,at Lender's option,may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by <br /> an instrument recorded in the county in which this Deed of Trust is recorded.Without conveyance of the Properry,the successor trustee shall succeed to all the <br /> tide, 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 which is the Property Address. <br /> REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST <br /> Borrower and Lender request the holder of any mortgage,deed of trust or other encumbrance with a lien which has priority over this Deed of Trust to give Notice <br /> to Lender,at Lender's address set forth on page one of this Deed of Trust,of any default under the superior encumbrance and of any sale or other foreclosure <br /> action. <br /> (PLEASE SIGN AND NOTARIZE ORIGINAL WHITE COP1� <br /> IN WITNESS WHEREOF,the undersigned has/have hereunto set their hand(s)and seal(s)on <br /> MORTGAGOR(S) <br /> � c 1 <br /> . <br /> J A FsLLIS MISTY F ELLI <br /> STATE OF NEBRASKA, Hall County SS: <br /> On Lr-��—y'� ,before me,a Notary Public in and for the aforesaid County,do hereby certify that JAMES A ELLIS and MISTY F ELLIS <br /> personally known[o me to be the identical person(s)whose name(s)were subscribed to the foregoing instrument and acknowledged that he/she/they signed and <br /> delivered the said instrument as his/her/their free and voluntary act,for the use and purposes therein set forth. WITNESS my hand and official seal the date last <br /> aforesaid. <br /> My Commission Expires: 6~.2.b�—�i'� �L ���9h`� <br /> NOTARIAL SEAL Notary Public <br /> � GENERAI NOIARY•St�te of NeDr�ska <br /> OONALD K.ROUTH <br /> My Comm.Exp.June 28,1999 <br /> EFC 2/99 Form:D-4-NE PAGE 3 of 3 <br />