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<br />MELISSA A DEMBOWSKI DAVID J DEMBOWSKI 200700853 01/31/2007
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<br />9. Condemnation. The proceeds of any award or (~LSl:;l for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part mereof, or for conveyance in lieu of condemnation, are hereby
<br />assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a
<br />lien which has priority over this Deed of Trust.
<br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
<br />modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of
<br />Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in
<br />interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment
<br />or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original
<br />Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder,
<br />or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any suer. icg:-ct ,:c" :::::medy.
<br />11. Successors aud Assigns Bound; Joint and Several Liability; Co-signers. The ;::ovenaatii i;ll':': dgiee[L,:,)r,~s ,.il:X,;;{.
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 16 hereof. All (XN:enants and agreements of Borrower shall be joint and several.
<br />Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust only to
<br />grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not
<br />personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder
<br />may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or
<br />the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that
<br />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
<br />Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail
<br />addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as
<br />provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such
<br />other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in th:s Deed of
<br />Trust shall be deemed to have been given to Borrower 0;: - ,';:J.der 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
<br />jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this
<br />Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law,
<br />such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the
<br />conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As
<br />used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or
<br />limited herein.
<br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the
<br />time of execution or after recordation hereof.
<br />15. Rehabilitation Loan Agreement. Borrower shall fulft11 all of Borrower's obligations....lInder any home
<br />rehabilitation, improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at Lender's
<br />option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any
<br />rights, claims or defenses which Borrower may have agamst parties who supply labor, materials or services in connection
<br />with improvements made to the Property.
<br />16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest
<br />in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
<br />person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums
<br />secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal
<br />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
<br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured
<br />by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
<br />remedies permitted by this Deed of Trust without further notice or demand on Borrower.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />17. Acceleration; Remedies. Except as providel ::111 paragraph 16 hereof, upon Borrower's breach of any
<br />covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10
<br />calendar days after they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give
<br />notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure
<br />such breach; (3) a date, not less than 20 days from the date the notice is malled to Borrower, by which such breach
<br />must be cured; and (4) that 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 shall further infonn
<br />Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence
<br />of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the
<br />date specified in the 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 sale and any other
<br />remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred
<br />in pursuing the remedies provided in this paragraph 1';', including, but not Umited to, reasonable attorneys' fees.
<br />If the power of sale is invoked, Trustee shall record a notice of defanlt in each county in which the Property or
<br />some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to
<br />Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by
<br />applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable
<br />law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the
<br />time and place and under the terms designated in the notice of sale in one or more parcels and in such order as
<br />Trustee may detennine. Trustee may postpone sale of all or any parcel of the Property by public announcement at
<br />the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at
<br />any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's tllbb'; iCoD.'t'eying the
<br />Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the math: of the stete-mif;!r:lts rn\l!Jde
<br />therein. Trustee shall apply the proceeds of the sale fim: ~~e following order: (a) to all reasonable costs ani!! exp2llllses
<br />of the sale, including, but not limited to, Trustee's t~ actually incurred of not more than 5 % of the gross sale
<br />price, reasonable attorneys' fees and costs of titie evidence; (b) to all sums secured by this Deed of Trust; and (c)
<br />the excess, if any, to the person or persons legally entitled thereto.
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<br />Nebraska 26876-4 1/98 original (Recorded.)
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<br />copy (Branch)
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<br />copy (Customer)
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