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Apr -26 -2004 1 :52am -rom- CITICORP TRUST BANK fsb 6134694196 T -624 P -011 /040 F -115 <br />.VID L 1MGDrrrtMU1-L xnu�ur. a< .,..••+•••••• -. <br />18, Borrower's 1RigM to ilteiustaee. Notwitbstauditlg Lender's acceleration of the sums secured by this Deed of <br />Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Deader to enforce this <br />before the sale f the <br />Hood of Treat cdisoontiriued at sqy time 1�riao< to rise earlier m oar of (i> tiYe ia>i� day Q <br />purssuant to the power of safe contained in this Deed of Trot or (ii) ettttyy of A judgment +saiarcing this Deed of Treat ifs (a) <br />Borrower pays Lender AU same which would be rhea due under thin Deed of <br />ts of Borrower Note had no sccdarstiOn in this Deed of <br />occurred; (b) Borrower cures all breaCbea of arty other covenants or a <br />Trust; (e) Borrower pays ail reasonable expenses incurred by Lender and Trustee in enforcing the covenants and <br />agreements of Borrower contained in this Deed of Trust Turd in enforcing lxnder's aud'I'rustee's remedies as provided iu <br />paragraph 17 hereof, including, but not limited to, reasonable attorneys' foes; and (d) Borrower takes such action as <br />Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's intersst in the Property and <br />Borrower's obligation to pay be MW secured by this Deed of Trust shall continue unimpaired. Upon such payment and <br />care by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effeat as if no <br />acceleration had occurred. Laedet Po sion. As additiosral security hereunder, <br />19. Assipmartt of Rents; Appoiartmeut o[ 8eeelves; r to accel�ration'under <br />Borrower hereby assigtrs to Lender the m is of the Property, provided that Borrower shall, Prix <br />paragraph 17 hereof or atisndonmeat of too Propertyl have.the right to Colk= and retain such rents as tbey become due and <br />payable. <br />by agent or by <br />Upon acceleration under pamgrapb 17 hereof or abandonment soff s e man: ' in <br />property and to Co llect the <br />judicially appointed receiver shall be eudtled to enter upon, or the receiver Shall be applied fast CO <br />rents of the Property including those past due. All rents colimled by Loader <br />payment Of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees. <br />premiums On receiver's bonds and reasonable attorneys' fees, and then to the sums secured by thus Deed of Trust. Land" <br />and the receiver shall be liable to account only tfor those rents aOM'lyr of Trust, L,erbdet shall request Trustee to <br />?,p, Rownvey�e. Upcm payment oi'su Sums secured by <br />MCOnvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Decd of <br />Trust to Trustee. Trustee shall rwmvey the Property without wm=ty and without charge to the person or persons legally <br />entitled ibereto. Such person or persons shall pay all costs of recordation, if any. <br />21. Sui*tlsute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor <br />trustee to any 'Trustee appointed hereunder by an instrounent recorded in the county in which this Reed of Trust is <br />recorded. Without conveyance of the Properly, the successor trustee shall succeed to all the title. power and duties <br />conferred upon tht Trustee herein and by applicable law. <br />22. 11equest 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. Ija=rdous gnbs'tanm. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substmums on or in the Property. Borrower shall not do, nor allow aryont else to do, anything affocting the <br />property that is iu violation of any Environmanral Law. The preaediag two sentences shall not apply to the presence, use, <br />or storage on the Property of small quantities of Hazudous Substances that are generally recognized to be appropriate to <br />normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give lender written notice of any investigation, claim, demand. lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has carrel knowledge. If Borrower learns, or is notified by any governmental or <br />regulatory mttharity, that any removal or other remediation of any Ha mtous Substance affecting the Property is <br />necessary, Borrower sball promptly take all necessary remedial actions In accordance with Environmental Law. <br />As used in this paragraph 23, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by Environmental Law and the following substances: gasoline, kerosene. other ilauunable or toxic petroleum products, <br />toxic pesticides and herbicides, volatile solvents, materials co"t'drdag asbestos or formaldehyde, and radioactive matarials. <br />As used in this paragraph 23, "Environmental Law" means fellers! laws and laws of the jurisdiction where the Property is <br />loca ed that relate to health, safety or environmental prote(tion. <br />antetitiowHy Left Blank) <br />Nebraska 269764 1199 Ortgiasl (Reeorded) Copy(Branch) COPY(Customer) Page 4 of 5 <br />O <br />G <br />W <br />