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200508448 <br />foreclosure or deed in lieu of foreclosure of the First Mortgage, any provisions herein or any <br />provisions in any other collateral agreement restricting the use of the Property or otherwise <br />restricting Borrower's ability to sell the Property shall have no further force or effect on <br />subsequent owners or purchasers of the Property. Any person, including his successors or <br />assigns (other than Borrower or a related entity of Borrower), receiving title to the Property <br />through a foreclosure or deed in lieu of foreclosure of the First Mortgage shall receive title to the <br />Property free and clear from such restrictions. <br />Further, if Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of <br />foreclosure, the lien of this Mortgage shall automatically terminate upon Senior Lien Holder's <br />acquisition of the title, provided that (a) Lender has been given written notice of a default under <br />the First Mortgage; and (b) Lender shall not have cured the default under the First Mortgage, or <br />diligently pursued curing the default as determined by the Senior Lien Holder, within the 60 -day <br />period provided in such notice sent to Lender. <br />4. NOTICES. Any notice to Borrower provided for in this Mortgage shall be given by delivering it <br />or by mailing it by first class mail unless applicable law requires use of another method. The <br />notice shall be directed to the Property Address or any other address Borrower designates by <br />notice to the Lender. <br />5. RELEASE. Upon satisfaction of all sums secured by this Mortgage (whether by payment or <br />forgiveness), Lender shall release this Mortgage without charge to Borrower. Borrower shall pay <br />any recordation costs. <br />6. MODIFICATION OF FIRST MORTGAGE LOAN DOCUMENTS. The Lender consents to any <br />agreement or arrangement in which Senior Lien Holder waives, postpones, extends, reduces or <br />modifies any provisions of the First Mortgage Loan Documents, including any provisions requiring <br />the payment of money. <br />IN WITNE S HEREOF, Borrower has executed this Mortgage. <br />Borrower: Borrower:Y� <br />DENNIS V WEL <br />KIMBERLY AKELS <br />STATE OF _� ) <br />n n )SS. <br />COUNTY OF <br />The foregoing instrument w s acknowledged <br />by — IJ-1-6 ' <br />� � 1 <br />..P - ublic <br />My Commission Expires: .3 — — 2009 <br />me on this a6 <br />(seal) <br />GENERAL. NOTARY • State of Nebraska <br />JANICE K BOEHLE <br />Comm. . March 27 2009 <br />20Q <br />