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200608766 16. Transfer of the Property or a Benefltia' Interest in Borrower. Tm: beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the ~cessors ~ assigns of MERS. If all or any part of the Property or a~y interest in it is sold or t~ansferred (or, If R. bene~ctal intt,."fest in Borrower is sold or transferred and Borrower IS not a natural person) WIthout Lender s pnor wntten consent, Lender may, at its option, require immediate payment in full of all sums secured by this Deed of Trm:t. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date oftbis Deed of Trust. If Lender excrcises this option, Lender shall give Borrower notice of acceleration. The notice shaD provide a period of not less than 30 days from the date the notice is delivered or mailed ~ithin whil,..iI ~~ower ~t pa~ all sums sCl.,'\lred by this Deed of Trust. If Borrower fails to pay these sums prior to the exptratlOll of thIS period, Lender may invoke any remedies permitted by this Deed of Tro!>! without further notice or demand 00 Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further eovenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof. upon Berrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay, by lite ellfl of 10 calendar days after they are due, any sums secured by tbis Deed of Trust, Leader prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (%)the action required to cure such breach; (3) a date, not less than 20 days from the date the notiee is mailed to Borrewer, hy which such breach must he cured; and (4) that failure to cure such breach on or befere the date specifted in the notice may result in acceleration of tbe sums secured by tbis Deed of Trust and sale of the Property. The notice shan 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 6r any other defense of Borrower to aeceleration ..d sale. If the breacb is not cured MI or before the date specified in the notice, Lender, at Lender's eptioe. may declare all of the sums secured by tbis Deed of Trust to be immediately due and payable wltbout further demand and may invoke the power of sale and any other remedies permitted by applicable law. l.eu4er shall be entided to collect all reasonable costs and expen.~s incurred inpursuiog the remedies preTided in dlis paragraph 17, including, but not Hooted to, reasonable attomeys' fees. If the power of sale is invoked, Trustee shall record a notice of default in each county in wbicb tbe Property or some part thereof is located add shall mailcopie5 of such notice in the manner prescrthecl by applicable law to Bormwer and to the other persons prescribed by applicable law. After tile lapst .f Neb time as may be required hy applicable law, Trustee shall give public notice of tbe sale tothepenons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall seD t.Property at public audion to the highest bidder at the time and place and under the terms designated in the lIOtice .f sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone SIIle .f aI. or aDy parcel of the Property hy public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purcbase the Property at aay sale. Upon receipt of payment of the price bid, Trustee shan deliver to the purckaser Trustee'. deed conveying the Property sold. Tbe recitals in the Trustee's deed shall be prima facie evideDa of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order': (a) to aU reasonable costs and expenses of the sale, includirlg, but Dot limited to, Trustee's fees actually ioearred of not more than % of the gross sale price, reasonable attorneys' fees and costs of title evideDft; (It) to an Slims secured by this Deed of Trust; and (c) the excess, if any, to the person or persons 'egaUy entided thereto. IS. Berrower's Right to Reinstate. Notvlrithstanding Lender's acceleration of the sums secured by this Deed of T~st, due to Borro,:"er's ~reach, Borrower sllall have the right to have any proceedings begun by Lender to enforce thIS Deed of Trust d1scontrnucd at any time prior to the earlier to occnr of (T) the fifth day before tbe sale of the Pro~erty I',:,rsuant to thc power of sale contained in this Deed of Trust or (ii) cntry of a judgment enforcing this Deed of Trust 1f: (a) Bomlwcr pays Lender all sums which would bc then duc under this Deed ofTmst and the Note had n~) ac~c1cration occurred; (b) BoITower cures all breaches of any othcr covenants Of agreements of .Borrower contamed 10 thIS Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in !NEBRASKA ......- Second Mortgage --- 1/80---. FNMAfFHLMC UNU'ORM INSTRUMEN'l1 Dclplli DillC<>VCry @ MERSNE.0305 MERS ModiIJed Form 3828 . 11461462