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200502546
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Last modified
10/17/2011 3:39:11 AM
Creation date
10/28/2005 10:16:28 AM
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DEEDS
Inst Number
200502546
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`00502546 <br />enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (I) the fifth day before the sale of <br />the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this <br />Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note <br />had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower <br />contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in <br />enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and <br />Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and <br />(d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, <br />Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall <br />continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured <br />hereby shall remain in full force and effect as if no acceleration had occurred. <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security <br />hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to <br />acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such <br />rents as they become due and payable. <br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent <br />or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to <br />collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be <br />applied first to payment of the costs of management of the .Property and collection of rents, including, but not <br />limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured <br />by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. <br />20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request 'Trustee <br />to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by <br />this Deed of trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person <br />or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. <br />21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of <br />Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, powers <br />and duties conferred upon the Trustee herein and by applicable law. <br />22. Request for Notice. 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 />Initials:) <br />[NEBRASKA — Second Mortgage — 1/80 — FNMA/FHLMC UNIFORM INSTRUMEN MERS Modified Form 3828 <br />Delphi Discovery ® MERSNE.0701 P huill 7 <br />10784406 <br />
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