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200512677
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Last modified
12/29/2005 2:04:58 PM
Creation date
12/29/2005 2:04:57 PM
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DEEDS
Inst Number
200512677
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<br />200512677 <br /> <br />thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action <br />hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the <br />Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause <br />therefor related to Lender's interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of <br />condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust <br />or other security agreement with a 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 payment <br />or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in <br />interest 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 <br />any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in <br />exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or <br />preclude the exercise of any such right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and <br />agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns <br />of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of <br />Borrower shall be joint and several. Any Borrower who co~signs this Deed of Trust, but does not execute the Note, <br />(a) is co-signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under <br />the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees <br />that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other <br />accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and <br />without releasing that Borrower or modifying 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 <br />notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by <br />certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by <br />notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address <br />stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any <br />notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in <br />the manner designated herein. <br />13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the <br />laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of <br />Federal law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note <br />conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which <br />can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the <br />Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the <br />extent not prohibited by applicable law or limited herein. <br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of <br />Trust at the 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 <br />assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials <br />or services in connection with improvements made to the Property. <br /> <br />!NEBRASKA - Second Mortgage - 1/80 - FNMAlFHLMC UNIFORM INSTRUMENl1 <br />Delphi Discovery @ MERSNE-0305 <br /> <br />MERS Modified Form 3828 <br /> <br />riiiillll <br /> <br />11102572 <br />
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