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� - 99 110447
<br /> NON UNIFOi�fJ CO'✓Ei�:ANTS. Eorrower and Lender further covenant and agree as follows:
<br /> 17. t•lcce;eration; Ftemedies. Except as provided in paragraph 16 hereof, upon Borrower"s breach of any covenant or agreement of
<br /> Borrower in thie Deec! e{ Tr�:st, inciuding Borrower's failure to pay, by the end of 10 calendar days after they are due,any sums secured by this
<br /> Deed of Trust, Lender ixior Yo acceleratinn shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2)the
<br /> action required to �ure ::uch breach; t3? a date, not less than 20 days from the date the notice is mailed to Borrower, by which such breach
<br /> must be cured; and (4` iFa; Faiiure to cure such breach on or before the date specified in the notice may result in acceleration of the sums
<br /> secured by this Qeeci of 7rust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and
<br /> the right to hring a court action co assert the 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 all of the sums secured by this Deed of Trust
<br /> to be immediately due ar.d payable without further demand and may invoke the power of sale and any other remedies permitted by applicable
<br /> law. Lender shali be entitied to culleet alE reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17,
<br /> including, but n�t Gmited to, reasanable attomeys' fees.
<br /> If the power of sate is invuked, Trustee shall record a notice of default in each county in which the Property or some part thereof is
<br /> located and shall mail copi�s uf such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by
<br /> applicable law. After tF�e lapse of such time as may required by applicable law, Trustee shall give public notice of sale to the persons and in the
<br /> manner prescribe.+. by applicable law. Trustee,without demand on Borrower, shall sell the Property at public auction to the highest bidder at the
<br /> time and place :+nd under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee
<br /> may postpone salr_or'ail ar an�� parcei of 2he Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br /> Lender's desigr�ee rnay�urchase tl�e �roperty at any sale.
<br /> Upon receipt of paytnent ot the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold. The
<br /> recitals in Trusiee's deed stiatl be prirr7a facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale
<br /> in the foilawing order: (a) to all reasonable costs and expenses of the sale, including, but not limited to,Trustee's fees actually incurred of not
<br /> more than % of ti3e gross sale price, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of
<br /> Trust;and ;c} th�excess, if any,to the person or persons legally entitled thereto.
<br /> 18- 3orruwer`s kiight to Reinstate. Notwithstanding l_ender's acceleration of the sums secured by this Deed of Trust, due to
<br /> Borrower's breach, �orrmrv�r shell have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any
<br /> time prior .o the earlier to occu; of (if ihe fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust
<br /> or (ii1 entry of a jucigment c�ntorci�y this Deed ot Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust
<br /> and the Note heJ r,o accele,etinn occurred; (b) Borrovder cures all breaches of any other covenants or agreements of Borrower contained in this
<br /> Deed of Trust, ;ci Bor�o�v�r pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of
<br /> Borrower cortaina�i in this Deeu of Trust and in entorcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but
<br /> not limited to, rPasoriable a�to�neys' fees's; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this
<br /> Deed of Trust, Lende�'s interes? in tne Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue
<br /> unimpaired. U��or sui:r r�ayn�e.nt �nd cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and
<br /> effect a� if no ucceler-�tion I-�ad o�curred.
<br /> ?9. i�ssignin�nt ot' Ren.s; Appointment of Receiver;Lender in Possession. As additional security hereunder, Borrower hereby assigns
<br /> to Lende� :Iie �en[s of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the
<br /> Property; have tne right ta collect and retain such rents as they become due and payable.
<br /> Upo�; acce!eratio� unde:r paragraph 1 7 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed
<br /> receiver si�ali bF� euhtlad to erter upori. :ake possession of and mar�age the Property and to collect the rents of the Property including those past
<br /> due. All :ez�ts :;uiiecte�' :y :_ender or ti�e receiver shall be applied first to payment of the costs of management of the Property and collection of
<br /> rents, ind�idir,q, bui r.ot !i!r,i*ed to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured
<br /> by this Deed o` Truet. :e��der and tl;e receiver shall be liable to account only for those rents actually received.
<br /> �G. F'econveyas�ce. Upon payment of aH sums secured by this Deed of TrusL Lender shall request Trustee to reconvey the Property
<br /> and shaC s�.i;rende; this ueeJ of 'lrust a�u! all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey
<br /> the Property i��ittiout ddarranty ��nd �rvitho�rt charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs
<br /> of recordatior�, f am�.
<br /> 2'I. Substitute 7rustee. LF:nder, at Lender's option, may from iime to time remove Trustee and appoint a successor trustee to any
<br /> Trustee aapoir,ted 'nerei�rder by an ir.strument recorded in the county in which this Deed of Trust is recorded. Without conveyance of the
<br /> Property, the suc;:e�sor trustee st�all s��cceed to all the title, power and duties conferred upon the Trustee herein and by applicable law.
<br /> 22. Fienuest for votices. 3o;rower requests that copies of the notice of default and notice of sale be sent to Borrower's address
<br /> which is tne Fro��eriy F;ddress.
<br /> App# 015-08-42200589
<br /> Initials: /� lnitials:_�_ Initials: Initials:
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<br /> ��EE3RASKA Second Mortgage - "1!80- FNMA/FHLMC UNIFORM INSTRUMENT- Form 3828 (Page 4 of 5)
<br /> Management Systerris Deveiopment, Ina (t300i 984-6060 Loan Energizer!� #NE_DEED Copyright (c) 1994
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