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BRENDA LYNN SCHMTDT 200316307 13/19d.}" ,
<br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in won inn wrlir8l ° c i '
<br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation
<br />assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement ;
<br />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 paymenr'YRt
<br />modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor 7
<br />Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower s sutcasanes r'�'
<br />interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for paym5rt" '
<br />or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the orwagd ,4 -,
<br />Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder,
<br />or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
<br />11. Successors and Assigns Bound; Joint and Several Liability; Cosigners. The covenants and agreements herein,
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, .
<br />subject to the provisions of paragraph 16 hercof. All covenants and agreements of Borrower shall be joint and several.
<br />Any Borrower who co -signs this Deed of Trust, but does not execute the Note, (a) is co- signing this Deed of Trust only to
<br />grant and convey that Borrower's interest in the Property to Trustee under the terns of this Deed of Trust, (b) is rot
<br />personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder
<br />may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or
<br />the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that
<br />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 to
<br />Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mpil
<br />addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender. of
<br />provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated berem cr td
<br />other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this DeQt4Y
<br />Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herem '�^r:y
<br />13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the taws oftke-
<br />jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law tot this. '
<br />Deed of Trust. in the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law
<br />such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the
<br />conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable: As
<br />used herein, "costs ", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable lawxg
<br />limited herein. `
<br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust st lhb
<br />time of execution or after recordation hereof.
<br />15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any hgtuE
<br />rehabilitation, improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at Leedetf,& v
<br />option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment OfL=Y
<br />rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in coonedien
<br />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 Properly 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 sums j
<br />secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by fedend '
<br />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 shalt provide apffkid e
<br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums Se Ea
<br />by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invblse¢i. ,s
<br />remedies permitted by this Deed of Trust without further notice or demand on Borrower.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of eery
<br />covenant or agreement of Borrower In this Deed of Trust, including Borrower's failure to pay, by the end of,10
<br />aleadar days after they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall Stye
<br />notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cuor
<br />such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which such brmtk
<br />must be cured; and (4) that failure to care such breach on or before the date specified in the notice may realt hs
<br />acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further lofeiu
<br />Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexisloeBr
<br />a default or coy other defense of Borrower to acceleration and sale. If the breach is not cured on or before the"dtr4C ¢
<br />specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Dad of Trust 401W',' -
<br />immediately due and payable without further demand and may invoke the power of sale and any other r'eore
<br />permitted by applicable law. Leader shall be entitled to collect all reasonable costs and expenses Incurred:':hr''
<br />pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each aunty In which the Property or
<br />some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable loss to,
<br />Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may he required'
<br />applicable law, Trustee shall give public notice of sale to the persons and in the mamer prescribed by app
<br />law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the
<br />and place and under the terms designated in the notice of sale in one or more parcels and in such order as T e '
<br />may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement of the
<br />and place of any previously scheduled sale. Lender or Lender's designee may purchase the Pro perty at any
<br />ask,
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed anveylft tom,
<br />Prop" sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the stotemeofe
<br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expeesai'of
<br />the sale, including, but not limited to, Trustee's fees actually incurred of not more than 5 % of the gross sale pr,4w,
<br />reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this freed of Trust; and (e) .ft ,a
<br />excess, if any, to the person or persons legally entitled thereto.
<br />Nebraska268764 1/98 original (Recorded) Copy(Branch) Copy(Cnatemar)
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