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<br />200604616 <br /> <br />and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over <br />this Deed of Trust. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not <br />made promptly by Borrower. <br />If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed <br />by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply <br />the insurance proceeds at Lender's option either to restoration or repair ofthe Property or to the sums secured by this Deed of Trust. <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall <br />keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply <br />with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned <br />unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the <br />condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and <br />constituent documents. <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, <br />or if any action or proceeding is commenced which materially affects Lender's intcrcst in the Property, then Lender, at Lender's option, <br />upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as <br />is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Deed <br />of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional <br />indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts <br />shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require <br />Lender to incur any expense or take any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that <br />Lender shall give Borrower notice prior to any such inspection specifYing reasonable cause therefor related to Lender's interest in the <br />Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall <br />be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this <br />Deed of Trust. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of <br />amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to <br />release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to <br />commence proceedings against such successor or refuse to extend time for payment or otherwise modifY amortization of the sums <br />secured by this Deed of Trust by reason of any demand madc by the original Borrower and Borrower's successors in interest. Any <br />forbearance by Lender in 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 agreements herein contained <br />shall bind, and thc rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the <br />provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs <br />this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust only to grant and convey that Borrower's interest <br />in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and <br />(c) agrees that Lender and any other Borrower hereunder may agree to extend, modifY, forbear, or make any other accommodations <br />with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrowcr or <br />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 notice to Borrower <br />provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to <br />Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to <br />Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender <br />when given in the manner designated herein. <br />13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in <br />which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Deed of Trust. In the event <br />that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other <br />provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions <br />of this Deed of Trust and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all <br />sums to the extent not prohibited by applicable law or limited herein. <br /> <br />NEBRASKA - SECOND MORTGAGE -1/80 - FNMAlFHLMC UNIFORM INSTRUMENT WITH MERS <br /> <br />Page 3 of 5 <br /> <br />Form 3828 <br />AI ~ended 7/0,4 <br />Borrower(s) Initials ~J,J:....4. y <br />