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200700674
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200700674
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1/29/2007 4:11:36 PM
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1/29/2007 4:11:36 PM
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DEEDS
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200700674
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<br />200700674 <br /> <br />18. BOlTower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, <br />due to Horrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of <br />Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the <br />power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays <br />Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower <br />cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all <br />reasonable expenses incurrcd by Lcndcr and Trustee in entorcing the covenants and agreements of Borrower contained in this <br />Deed of Trust and in entorcing Lcndcr's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited <br />to, rcasonable attorneys' fees; and (d) Borrower takcs such action as Lender may reasonably requirc to assure that the lien of <br />this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust <br />shall continue unimpaired. Upon such payment and curc by Borrower, this Deed of Trust and the obligations secured hereby <br />shall remain in full forcc and eiTect as ifno acceleration had occurred. <br /> <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hercunder, Borrower <br />hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 <br />hercof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. <br /> <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 <br />Property including those past due. All rents collected by Lcndcr or the receiver shall be applied first to payment of the costs <br />of management of the Property and collection of rents, including, but not limited to, receiver's tees, premiums on receivcr's <br />bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be <br />liable to account only for those rents actually received. <br /> <br />20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the <br />Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to <br />Trustec. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled <br />thereto. Such person or persons shall pay all costs 0 f recordation, if any. <br /> <br />21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. Without <br />conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee <br />herein and by applicable law. <br /> <br />22. Request for Notices. Borrower requests that copies of the notiec of default and notice of sale bc sent to Borrower's <br />address which is the Property Address. <br /> <br />REQUEST FOR NOTICE OF DEFAULT <br />AND FORECLOSURE UNDER SUPERIOR <br />MORTGAGES OR DEEDS OF TRUST <br /> <br />Request <br />for record <br /> <br />or <br /> <br />is hereby made that a copy of any notice of default and a copy of any notice of sale under the deed of trust filed <br />and recorded in Book , Page <br />, Records of County, Nebraska, executed by <br /> <br />as Trustor, in which <br /> <br />is named as beneficiary and <br />as Trustee, be mailed to <br />at <br /> <br />In~jo~ ~ ~ ak <br /> <br />_ -76N(NE) (0509) <br />o <br />DDS-NFF <br /> <br />Poge 60f7 <br /> <br />Form 3828 <br />
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