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200300510 <br />of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's <br />obligations corder the declaration or covenants creating or governing the condominium or planned unit development, <br />the by -laws and regulations of the condominium or planned unit development, and constituent documents. <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this <br />Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br />then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including <br />reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required <br />mortgage insurance as a condition of making the loan seemed by this Deed of Trost, Borrower shall pay the premimus <br />required to maintain such insurance in effect until such time as the requirement for such insurance terminates in <br />accordance with Borrower's and Lender's written agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall <br />become additional indebtedness of Borrower seemed by this Deed of Trost. Unless Borrower and Lender agree to <br />other terms of payment, such amounts shall he payable upon notice from Lender to Borrower requesting payment <br />thereof. Nothing contained in this paragraph 7 shall require Lender in incur any expense or take any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, <br />provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor <br />related to Lender's interest in the Property. <br />9. Condemnation The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of the Property, or pan thereof, or for conveyance in lieu of condemnation, are <br />hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security <br />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 payment or <br />modification of amortization of the sums secured by this Deed of Trost granted by Lender to any successor in interest <br />of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's <br />successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to <br />extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any <br />demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising <br />any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the <br />exercise of any such right or remedy. <br />11. Succeason and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein <br />conained shall bind, and the rights hereunder shall more to, the respective successors and assigns of Lender and <br />Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint <br />and several. Any Borrower who co -signs this Deed of Trust, but does not execute the Note, (a) is co- signing this Deed <br />of Trust only for grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of <br />Trust, (b) is not personally liable on the Note or under this Deed of Trost, and (c) agrees that Lender and mhy other <br />Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms <br />of this Deed of Trust or the Note without that Borrower's consent and without releasing that Borrower or modifying <br />this 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 notice <br />to Borrower provided for in this Deed of Trost shall be given by delivering it or by mailing such notice by certified <br />mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to <br />Lender as provided herein, and (b) any notice to Lender shall he given by certified mail in Lender's address sated <br />herein or to such other address as Lender may designate by notice to Borrower as provided herein. ' Any notice <br />provided for in this Deed of Trost shall be deehned to have been given to Borrower or Lender when given in the <br />manner designated herein. <br />13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of <br />the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal <br />law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Now conflicts with <br />applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given <br />effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared <br />to be severable. As used herein, "costs ", "expenses" and "attorneys' fees" include all sums to die extent not prohibited <br />by applicable law or limited herein. <br />14. Borrower's Copy- Borrower shall he furnished a conformed copy of the Note and of this Deed of Tmst at the <br />time of execution or after recordation hereof. <br />15. Rehabilitation Loma Agreement. Borrower shall fulfill all of Borrower's obligations under any home <br />rebabiliation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at <br />Lender's option, may require Borrower to execute and deliver to Lender, in a fool acceptable to Lender, an assignment <br />of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in <br />connection with improvements made to the Property. <br />16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any par[ of the Property or any interest <br />in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all <br />sums secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited <br />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 provide a <br />period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all <br />sinus secured by this Deed of Trust. If Burrower fails to pay these evens prior to the expiration of this period, Lender <br />may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <br />NEBRASKA - SECOND MORTGAGE-1/80- FNMNFBr.MC UNIFORM INSTRUMENT Fonn 3828 <br />D—h sy "ham. m.. Ra or sa9 130 Page 3 or 5 <br />tot A7 A' <br />111 Hill I1IIIIIIIN 1111 Ill 11111111Ill I1111111111111 Ill Ill <br />