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TALANA MALONE CARL HINES 102764 09/27/1999 <br /> r <br /> • ' l8. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br /> Trust, due to Borrower's breach, Borrower shall liave tlie right to have any proceedings begun by Lender to etiforce tbis <br /> Deed of Trust discontinued at any tii7ie prior to Il�e earlier to occur of (i) the fifd� day before tlie sale of the Property <br /> pursuant to tlie power of sale contained in tl�is Deed of Trust or(ii)entry of a judgmeut eiiforciug ttiis Deed of Trust if: (a) <br /> Borrower pays Leuder all sums wl�ich would be tl�en due under tliis Deed of Trust and the Note had no acceleration <br /> occurred; (b) Borrower cures all breacltes of any other covenants or agreements of Borrower contained in tl�is Deed of <br /> Trust; (c) Borrower pays all reasonable expenses it�curred by Lender and Trustee in enforcing the covenants and <br /> agreements of Borrower contaiued iu tl�is Deed of Trust and in eufarcing Lender's and Trustee's remedies as provided in <br /> paragraph 17 hereof, iucluding, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as <br /> Lender may reasonably reyuire to assure that the lien of this Deed of Trust, Lender's interest in the Property and <br /> Borrower's obligation to pay the sums secured by this Deed of Trust sliall continue unimpaired. Upon such payment and <br /> cure by Borrower, this Deed of Trust aud the obligations secured hereby shall remaiu in full force and effect as if no <br /> acceleration liad occurred. <br /> l9. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, <br /> Borrower hereby assigns to Lender tlie rents of the Property, provided that Borrower shall, prior to acceleration under <br /> paragraph 17 l�ereof or abaudomneut of the Property, have the right to callect and retain such rents as they become due and <br /> payahle. <br /> Upon acceleratioii under raragrapl� 17 hereof or abandomnent of the Property, Lender, in person, by agent or by I <br /> judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the <br /> reuts of tl�e Property includuig tl�ose past due. All rents collected by Leiider or the recerver shall be applied tirst to <br /> payment of tlie costs of maiiagemeut of tlie Property and collection of rents, including, but not limited to, receiver's fees, <br /> premiums on receiver's bonds aud reasonable attorneys' fees, and then to tl�e sums secured by diis Deed of Trust. Lender <br /> and tlie receiver sl�all be liable to account only for tl�iose reiits actually received. <br /> 20. Reconveyance. Upon payment of all suilis secured by this Deed of Trust, Lender shall request Trustee to <br /> reconvey tlie Property and sliail surrender this Deed of Trust aud all iiotes evidencing indebted�iess secured by tl�is Deed of <br /> Trust to Trustee. Trustee shall reconvey the Property without warranty aud without charge to the person or perso�is legally <br /> entitled thereto. Sucli persoti or persous 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 appoiut a successor <br /> trustee to auy Trustee appointed hereunder by an instrument recarded in the county in wl�ich tl�is Deed of Trust is <br /> recorded. Without conveyaiice of tlie Property, the successor trustee sl�all succeed to all tlie title, power a�id duties <br /> 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 <br /> Borrower's address which is the Property Address. <br /> 23. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br /> Hazardous Suhstances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the <br /> Property that is in violatiou of any Enviro�miental Law. The preceding two sentences sl�all not apply to the presence, use, <br /> or stora�e on the Properry of small quantities of Hazardous Substances that are generally recognized to be appropriate to <br /> normal residential uses and to maintenance of the Property. <br /> Borrower shall prornptiy give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br /> any govertmiental or regulatory ageucy or private party involving tlie Property and a»y HazardoLis Suhstance �r <br /> Envir��nmental Law of whicli Borrower l�as actual kuowledge. If Borrower learus, or is uotified by any �over��mental or <br /> re�uldtory authority, that any removal or other remediation of any Hazardous Substance affecti►�g the Property is <br /> necessary, Borrower sliall promptly take all necessary remedial actions iu accordance with Enviromnental Law. <br /> As used in this paragraph 23, "Hazardous Substances" are those substauces detined as toxic or hazardous substances <br /> by Enviroim�ental Law and tl�e following substances: basoline, kerosene, other flammable or toxic petroleum products, <br /> toxic pesticides aud herbicides, volatile solvents, materials coutaining asbestos or formaldehyde, and radioactive materials. <br /> As used iu tl�is paragraph 23, "Enviroiuneutal Law" meaus federal laws aud laws of the jurisdiction where the Property is <br /> located that relate to health, safety or enviroi�iental protection. <br /> (Intentionally Left Blank) <br /> I <br /> . i <br /> . <br />� Nebr�sk�26876-4 1198 Original(Recorded) Copy(Branch) Copy(Customer) Pagc 4 of5 <br />