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provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trost, but does not execute the Note, (a) is co-signing tins Deed of Trost only to grant and convey that Borrower's interest in the Property to Trostee under the terms of tllis Deed of Trost, (b) is not personally liable on the Note or under tllis Deed of Trost, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, folbear, or make any other acconunodations with regard to the terms of tins Deed of Trost or the Note, without that Borrower's consent and without releasing that Borrower or modifying tllis Deed of Trost as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trost shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such otIler address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in tllis Deed of Trost shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Deed of Trost shall be the laws of me jurisdiction in wInch the Property is located. The foregoing sentence shall not linlit the applicability of federal law to this Deed of Trost. In the event tIlat any provision or clause of this Deed of Trust or me Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end tile provisions of this Deed of Trust and tile Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or linlited herein 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of tllis Deed of Trust at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by tllis Deed of Trust. However, tins option shall not be exercised by Lender if exercise is prohibited by federa1law as of the date of tllis Deed of Trust. if Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from me date the notice is delivered or mailed witllin which Borrower must pay all sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of tllis period, Lender may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. 200512178 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, inclnding Borrower's failure to pay, by the end of 10 calendar days after they are due, any sums secured by this Deed of Trost, Lender prior to acceleration shall give notice to Borrower as provided in paragrallh 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trost and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trost to be immediately due and payable without further demand and may invoke the power of sale and any other remedies (lermitted by applicable law. Lender shall be entitled to colleet all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. If the (lower of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trostee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may (lurchase the Property at any sale. Upon receipt of payment of the price bid, Trnstee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees actually incurred, reasonable attorneys' fees as permitted by Aplllicable Law; (b) to all sums secured by this Deed of Trost; and (c) the excess, if any, to the person or persons legally entitled thereto. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by tllis Deed of Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce tllis Deed of Trust discontinued at any time prior to the earlier to occur of (i) the filth day before the sale 'Jf the Property pursuant to the power of sale contained in tins Deed of Tmst or (ii) entry of a judgment enforcing tllis Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in mis Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not linlited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of tllis Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the SUlIlS secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and me obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. NEBRASKA ~ Second Mortgage - 1/80 - FNMAlFHLMC UNIFORM INSTRUMENT Form 3828 Amended 7/04 VMP.76(NE) (0407) Page 3 of 4 Borrower(s) Initials tJ ,)J~