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R10,10N PEREss 200206984 06/29/2002 <br />9. Condemnation. The proceeds of any award or claim for damage, direct or consequential, in connection with any <br />ondemorn men or outer taking of the Property, or pan thereof, or for m veyoce in has of cn eclua atom, arc hereby <br />assigned Said shall be paid to Lender, subject to the terms of any mortgage, deed crops: nr other Security agreement with a <br />Ilan which has priority over this Deed of lost <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification or amovrem o m of the sums secured by die Deal Of Trust ground by Lender to any successor In Interest of <br />Borrower shall riot operate to former, In any manner, the liability of the original Borrower and Borrower's successors in <br />intersect_ Lender smell fm be required to evlmnence proceedings against such successor or refuse to extend time for payment <br />or otherwise modify amorria6un of the sums _seemed by this Deed of Trust by reason of my demand made by the original <br />Borrower and &answer's successors In Incest. Any ferbcarmac by Lender in exercising my right or remedy hereunder, <br />or othe wine affmdrd by applicable law, shall not be a waiver of or preclude the exercise of any such right or roam. <br />11. Successors and A signs Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, elm respective successors and assigns of Lender and Burrower, <br />subject to the provisions of paragraph 16 heeuf. All covenants and agreements of Borrower well he joint end several_ <br />Any Borrower who LU signs this Deed of Trust, but dos cat execute the Note, to is cc Signing this Deed of Trust only to <br />gwn and convey that Borrowers interest in the Property to Trustee under the terms of this Deed of Trost (b) is not <br />pernnally liable on the Note or under this Deed of Tot. and (c) agrees that Lends and any other Borrower hereunder <br />may agree to extmmi, modify, forbear, or notice any other accommodations with regard to the terms of this Deal of Trust or <br />the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as in that <br />Borrower S mlenot in the property_ <br />12. Notice. Except for my notice required under applicable law to be given in another manner, (a) airy notice to <br />Borrower provided for in this Deed of Trost shalt be given by eliminating it or by reviling such notice by certified mail <br />addressed to Borrower at the Property Address or at such other address aS Borrower may designate by notice to Lender as <br />provided herein, and (b) :my notice to Lender shall be given by eoni5ed mail to Lender's address slated herein or to such <br />Other umbers as Lender may designate by notice m Borrower as provided herein. Any active provided for in this Deed of <br />Trust shall be deemed to have been given to Borrower or lender when given in the romper designated herein_ <br />13. Governing Law; 5'everability. The state and local laws applicable to this Deed of Trust shall he the laws of the <br />juradbrion in which the Property is locate. The foregoing aenmme shall not limit he applicability or Federal law to this <br />Deed of I -cost_ In the event that pry provision or clause of this Decd of I rust or the Note marble with applicable law, <br />such egnllia shall not affect other provisions of this Deed of Trust m at or the No which can be given effect without the <br />conflicting provision, and to this end the provisions of this Deed of Trost and the Note me declared to be severable. As <br />used herein, "cosh ", "expenses" and "attorneys fees' include all toms to the extent not prohibited by applicable law at <br />limited herein_ <br />14. Borrower's Cup). Borrower shall be famished a conformed copy of the Note and of this Deed of Trust at the <br />time of execution or alter recordation heref. <br />15. Hahabilitaliun Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any hones <br />rehabilitation, improvement repaie of other loo agreement which Borrower emus into with Lender. Lender, at Leader's <br />Option, may require Borrower to vacuum od deliver to Lender. In a tome acceptable to Lender, an assignment of my <br />rights, clams or defenses which Borrower may have against parties who supply labor, materials or services in wtmection <br />SIN improvemmlts made to the property. <br />16. Transfer of the Property or a Beneficial lntervst in Borrower. If all or any pan of the property or any interest <br />of it is Sold or manafeaed for if a beneficial interest in Borrower is sold or naref rred and Borrower is not a natural <br />person) without Lender's prior evrhden m lead, Lender nog at in option, require immediate payment in full of all emus <br />sec erred by this Decd of Trust. However, this option shall not be exercised by Lender if risoc se is prohibited by federal <br />few as of the date this Deal of Trost. <br />If Lender exercises 30 day this option, Lender shall give Borrower notice it acceleration. The ermu shall all so a period <br />of not less than T days from the date the pace is delivered prior mailed within which Borrower must pay all yams ice any <br />ne this Deed it ed by If Ducal Borrower fails m pay these ems prier d cue expiration of this period, Lender may invoke any <br />a nedies - UNIvedM this FNA ofTmn without farther notice or Ahmed on Borrower. <br />w 17. UNIFORM Cr1VI1NANr1. 8cept as apr provided iuMagraph 1 record, as follows: <br />12 Acceleration; Remedies. er in t as Deed of tl iu paragraph B hereof, upon Borrower's breach of any <br />calendar or agree wt of Borrower in this Deed ot" hems[, including Borrower's failure to pay, e by the cod of give <br />calendar days after [her are tine, pay sums securee hereof this Deed : (1) Trust, <br />the Lender prior to acceleration shall give <br />notice re itorrnwa as , not provided ss in paragraph 12 hereof t ethe mal e i We breach; (2) the action required to cure <br />such hreach; (d) a date, not leas than 20 days from the on the notice is mailed pe Borrower, in t by which such salt in <br />nest he im or and ur that failure t d b to is D such Trust on or before a data ty. The in the neliaf may result in cum <br />cdower o or (he songs stt tree by this elertl io land[ and ale of the. Properly. The orrice shall further Winton a of <br />Borrower u[ the right to reinstate Bolen acceleration and The right le bring a action m assert the nonexistence le <br />s default or any ether defense of Lender's m option, y and sale. If the sums breach is not curse on or before the dale <br />speelBW in the notice, payable at Lender's option, may declare all yoke t sums seruof s le this need of Trust to es of <br />immediately day and payable without further demand and to may invoke the Anwar costs sale and any ether remedies <br />permitted by applicable law. Lender shall be entitled In miler[ all re enable costs auU expenses inrnrrm in <br />pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' s <br />eys' fe. <br />If the Power of sale is invoked, Trustee shall record a notice of default in each county In which the Property or <br />some part thereof is located and shall mail copies of such notice in the mummer prescribed by applicable bow to <br />Borrower and to the other persons predcrihed by applicable law. After lire lapse of such time as may be required by <br />applicable law, 'Trustee shall give public notice of sale to the persons amid in the manna prtscribee by applicable <br />In%, Trustee, without demand no Borrower, shall sell the Property at public audbn to the highest bidder at tine time <br />and place and order the terms designated in the notice of sale in she or more parcels and in such order as Ti bdtee <br />may determine. 'Trustee may postpone sale of all or any panel of the Property by public mramuncement at the time <br />and place at any previously scbednled sale. Lender or Lender's designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to life incidence Trustee's deed conveying line <br />Property sold. The recitals in the Trustee's decd shall be prima facie evidence of the [nth of the statements made <br />therein. I rusted shall apply the procchdd of the sale in the following order: (a) to all reasonable costs and expenses of <br />the sale, including, but not limited to, 'Trustee's fees actually iaemred of not more than 5 % of the firms sale price, <br />reasonable attorneys' fees and costs of title evidence; (b) to all sums secuc ed by (his Ikea of Term; and (c) the <br />excess, if any, to the person or persons legally entitled thereto. <br />Nebraska 208)6-0 1199 (oiiginal(Henorded) copylaraaah) copylCUatomex) PNIS Soft <br />