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200211192 <br />of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's <br />obligations under 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 constiment 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 secured by this Deed of Trust, Borrower shall pay the premiums <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 imerest thereon, at the Note rate, shall <br />become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to <br />other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment <br />thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or mke any action hereunder. <br />8. Inspection. Lender may make or cause in 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 m 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 m Lender, subject m 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 [ender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Deed of Trust 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. Successors and Assigns Bound; Joint and Several Liability; Co-signers The covenants and agreements herein <br />contained 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 in 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 Trust, and (c) agrees that Lender and any 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 Trust 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 m Lender shall be given by certified mail to Lender's address stated <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 Trust shall be deemed to have been given to Borrower or Lender when given in the <br />manner designated herein. <br />13. Governing Law; Severabi ity. 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 the extent not prohibited <br />by applicable law or limited herein. <br />14. Bonower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the <br />time of execution or after recordation hereof. <br />15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home <br />rehabilitation, 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 form 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 part 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 dale the notice is delivered or mailed within which Borrower must pay all <br />sums secured by this Deed of Trust. If Borrower fails in pay these sums 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 sE UND MOR1GAGE- 1 /WFNMA/FRLMC UNIFORM INSTRUMENT Foam 3828 <br />is—i 4o... iK.Imo, waM Page 3 of 5 <br />