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<br />200606107 <br /> <br />Loan No: 002003671133 <br /> <br />Deed of Trust, continued <br /> <br />NON-UNIFORM COVENANTS. <br /> <br />Trustor and Lender further covenant and agree as follows: <br /> <br />16. ACCELERATION: REMEDIES. EXCEPT AS PROVIDED IN PARAGRAPH 15 HEREOF, UPON TRUSTOR'S <br />BREACH OF ANY COVENANT OR AGREEMENT OF TRUSTOR IN THIS DEED OF TRUST, INCLUDING THE <br />COVENANTS TO PAY WHEN DUE ANY SUMS SECURED BY THIS DEED OF TRUST, LENDER PRIOR TO <br />ACCELERATION SHALL GIVE NOTICE TO TRUSTOR AS PROVIDED IN PARAGRAPH 11 HEREOF SPECIFYING: (1) <br />THE BREACH; (2) THE ACTION REQUIRED TO CURE SUCH BREACH; (3) A DATE, NOT LESS THAN 10 DAYS FROM <br />THE DATE THE NOTICE IS MAILED TO TRUSTOR. BY WHICH SUCH BREACH MUST BE CURED; AND (4) THAT <br />FAILURE TO CURE SUCH BREACH ON OR BEFORE THE DATE SPECIFIED IN THE NOTICE MAY RESULT IN <br />ACCELERATION OF THE SUMS SECURED BY THIS DEED OF TRUST AND SALE OF THE PROPERTY. THE NOTICE <br />SHALL FURTHER INFORM TRUSTOR OF THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO <br />BRING A COURT ACTION TO ASSERT THE NONEXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE OF <br />TRUSTOR TO ACCELERATION. IF THE BREACH IS NOT CURED ON OR BEFORE THE DATE SPECIFIED IN THE <br />NOTICE. LENDER, AT LENDER'S OPTION. MAY DECLARE ALL OF THE SUMS SECURED BY THIS DEED OF TRUST <br />TO BE IMMEDIATELY DUE AND PAYABLE WITHOUT FURTHER DEMAND AND MAY INVOKE THE POWER OF <br />SALE AND ANY OTHER REMEDIES PERMITTED BY APPLICABLE LAW. LENDER SHALL BE ENTITLED TO <br />COLLECT ALL REASONABLE COSTS AND EXPENSES INCURRED IN PURSUING THE REMEDIES PROVIDED IN THIS <br />PARAGRAPH 16. INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES. THE POWER OF SALE <br />CONFERRED BY THIS DEED OF TRUST AND BY APPLICABLE LAW IS NOT AN EXCLUSIVE REMEDY AND <br />TRUSTOR MAY CAUSE THIS DEED OF TRUST TO BE FORECLOSED AS A MORTGAGE. <br />If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of <br />an event of default and of Lender's election to cause the Property to be sold and shall cause such notice to be recorded in each <br />county in which the Property or some part thereof is located. Trustee shall advertise the time and place of sale of the Property <br />before date of sale in a newspaper in each county in which the Property is situated and shall mail copies of such notice to Trustor <br />and other persons as, and in the manner and at the times prescribed by applicable law. Trustee shall give public notice of sale to <br />the persons and in the manner and at the times prescribed by applicable law. After the lapse of such time as may be required by <br />applicable law, Trustee, without demand on Trustor, shall sell the Property at public auction to the highest bidder at the time and <br />place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously <br />scheduled sale. Lender or Lender's designee may purchase the property at any sale. <br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty. <br />expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale. including <br />but not limited to. reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; <br />and (c) the excess, if any. to the person or persons legally entitled thereto. <br /> <br />17. TRUSTOR'S RIGHT TO REINSTATE. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust <br />due to Trustor's breach. Trustor shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust <br />discontinued at any time prior to five days before sale of the Property pursuant to the power of sale contained in this Deed of Trust <br />or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Trustor pays Lender all sums which would be then <br />due under this Deed of Trust and the Note had no acceleration occurred; (b) Trustor cures all breaches of any other covenants or <br />agreements of Trustor contained in this Deed of Trust; (c) Trustor pays all reasonable expenses incurred by Lender in enforcing the <br />covenants and agreements of Trustor contained in this Deed of Trust, and in enforcing Lender's remedies as provided in paragraph <br />16 hereof. including, but not limited to, reasonable attorneys' fee; and (d) Trustor takes such action as Lender may reasonably <br />require to assure that the lien of this Deed of Trust. Lender's interest in the Property and Trustor's obligation to pay the sums <br />secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the <br />obligations secured hereby shall remain in full force and effect as if no acceleration occurred. <br /> <br />18. ASSIGNMENT OF RENTS: APPOINTMENT OF RECEIVER. As additional security hereunder, Trustor hereby assigns to <br />Lender the rents of the Property, provided that Trustor shall, prior to acceleration under paragraph 16 hereof or abandonment of the <br />Property, have the right to collect and retain such rents as they become due and payable. <br />Upon acceleration under paragraph 16 hereof or abandonment of the Property, Lender shall be entitled to have a receiver <br />appointed by a court to enter upon. take possession of and manage the Property and to collect the rents of the Property including <br />those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and <br /> <br />CitiMortgage 3.2.0.19 V6 <br /> <br />MB.2590 Fixed Rate Deed of Trust" Nebraska Rev. 06/2005 Page 4 of 6 <br /> <br />~J <br />