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<br />200604616 <br /> <br />14. Borrower's Copy. Borrower shall be furnished a confonned copy of the Note and of this Deed of Trust at the time of <br />execution or after recordation hereof. <br />15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, <br />improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require <br />Borrower to execute and deliver to Lender, in a fonn acceptable to Lender, an assignment of any rights, claims or defenses which <br />Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. <br />16. Transfer of the Property or a Beneficial Interest in Borrower. Ifall or any part of the Property or any interest in it is sold <br />or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior <br />written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Deed of Trust. However, this <br />option shall not be exercised by Lender if exercise is prohibited by federal 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 shall provide a period of not less than <br />30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust. If <br />Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Deed of Trust <br />without further notice or demand on Borrower. <br /> <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 any covenant or <br />agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after they are <br />due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in <br />paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 20 days <br />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 <br />or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the <br />Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court <br />action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not <br />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 <br />of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies <br />permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the <br />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 county in which the Property or some part <br />thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other <br />persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee shall give <br />public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, <br />shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice <br />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 <br />the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may <br />purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. <br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply <br />the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by tbis <br />Deed of Trust; and (c) the excess, ifany, to the person or persons legally entitled thereto. <br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, due to <br />Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued <br />at any time prior to the earlier to occur of (i) the fifth day before the sale ofthe Property pursuant to the power of sale contained in this <br />Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due <br />under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or <br />agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in <br />enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies <br />as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as <br />Lender may reasonably require to assure that the lien ofthis Deed of Trust, Lender's interest in the Property and Borrower's obligation <br />to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust <br />and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby <br />assigns to Lender the rents of the Property. provided that Borrower shall, prior to acceleration under paragraph 17 hereof or <br />abandonment ofthe Property, have the right to collect and retain such rents as they become due and payable. <br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially <br />appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property <br /> <br />NEBRASKA - SECOND MORTGAGE - 1/80 - FNMAlFHLMC UNIFORM INSTRUMENT WITH MERS <br /> <br />Page 4 of 5 <br /> <br />Fonn 3828 <br />d Amended 7104 <br />Borrower(s) Initials [KAt,l? ~. /J.. .p. <br />