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<br />88- <br /> <br />103688 <br /> <br />I 12. Notice. Except for any noUce required under applicable law to be given In another manner.(a) any notice to Borrower <br />provided for In this Deed of Trust shall be given by delivering It or by mailing such notice by certified mall addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to <br />Lender shall be given by certl fled mall to Lender's address stated herein or to such other address as Lender may designate by notice to <br />Borrower as provided herein. Any notice provided for In this Deed of Trust shall be deemed to have been given to Borrower or <br />Lender when gi\'.;;n in the manner designated herein. <br />13. OOIMrnlng LIIW; S.IMrlblllty. 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 Deed of <br />Trust. In the event that arYl' prOVision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not <br />affect other provisions of this Deed of Trust or the Note which can be given effect without the confllcllng provision, andto this end <br />the provisions of Ihls Deed of Trusl and Ihe NOle are declared to be severable. As used herein, "cosls", "expenses" and "allorneys' <br />fees" include all SlmS to the eXlent not prohibited by applicable law or limited herein, <br />14. Borr_r'l Copy. Borrower shall be furnished a ronformed copy of the NOle and of this Deed of Trust at the time of <br />execution or after recordation hereof, <br />'&. Aehebllltatlon LOIn Agr..m.nt. Borrower shall fulfill all of Borrower's obligations under any hane rehabilitation, <br />improvement. repair or other loan agreement which Borrower enlers inlo with Lender. Lender, aT Lender's option, may require <br />Borrower to execuTe and deliver to Lender, In a form acceptable to Lender, an asslgrment 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 />1&, Tr.nafer of the Prop.rty, If Borrower sells or transfers all or any parT of The ProperTy or an InTerest Therein, excluding <br />(a) the creation of a lien or enclmbrance subordinate TO This Deed of Trust, (b) a transfer by devise. descenT, or by operaTion of law <br />upon The death of a Joint lenant, or (c) the granl of any leasehold interest of three years or less not containing an option 10 purchase. <br />Borrower shall cause to be submllled Information required by Lender to evaluaTe The Iransferee as if a new loan were being made to <br />the transferee. Borrower will continue to be obligaTed under the Note and this Deed of Trusl unless Lender releases Borrower in <br />writing. <br />If Lender. on the basis of any information oblained regarding the transferee, reasonably deTermines Ihat Lender's security may <br />be impaired, or that there Is an unacceptable likelihood of a breach of any covenant or agreement in this Deed of TrusT, or If the <br />required information Is nOT submitted, Lender may declare all of the SlmS secured by This Deed of Trust TO be irrmediately due and <br />payable. If Lender exercises such option to accelerate, Lender shall mall Borrower notice of acceleration In accordance with <br />paragraph 12 hereof. Such notice shall provide a period of nOT less Than 30 days franThe date the notice Is mailed or delivered wiThin <br />which Borrower may pay The SlmS declared due. If Borrower falls to pay such SlmS prior 10 the expiration of such period. Lender <br />may, without further notice or demand on Borrower, invoke any remedies permiTted by paragraph 1 7 hereof. <br />N()\J-LNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />'7. A_I.ratlon: R.m.dl... Except.. provided In plr.gr.ph '8 her.of, upon Borrow.r'l br.Kh of .ny COIMMnt or <br />.gr..m.nt of Borr_r In thl. DHd of TrUlt. Including Borrower'. f.llur. to 1'.11', by the .nd of 10 cal.ndlr dl)l'laft.r they _ <br />d... any .um. AClIr.d by thl. DHd of TrUlt. L.nder prior to _I.ratlon Ih.1I give notice to Borr_r .. provided In <br />Paragrlph 12 herilof .paclfylng: 111 the br.ach; 121 the action r.qulr.d to cur. .uch broKh; 131 I dat., not I... thIn 20 da)l'l <br />from the dat.the notice I. mlll.d to Borrow.r, by which luch br.Kh mUlt becur.d: Ind[41 thatflllure tacu... luch breKh on <br />or before the date .paclfl.d In the notice mall' re.ult In accel.rltlon of the luml _ur.d by thl. DHd of TrUlt end III. of the <br />Property. The notice Ihlll further Inform Borrow.r of the right to r.lnstlt. Ift.r 1_I.rltlon anell the right to bring. court <br />action to ....rt the nOllexl.t.1lClI of I deflult or Iny other defClna. of Borrow.r to accel.rltlon Ind .11.. If the br.Kh .. not <br />cur.d on or before the dlt. .p.clfl.d In the notice, L.nder, at L.nder'l option, mIll' decllr. III of the luml secur.d by thll <br />DHd of Truet to be Immediately due Ind plyabl. without further dem.nd .nd may Invoke the pow.r of III. .nd eny other <br />r.m.dl.. permltt.d by .ppllcable law. L.nder Ihall be .ntltled to collect all r...onabll COlte and IXpe"... Incur...d In <br />puraulng the r.mldl.1 provided Inthll paragraph '7, Including, but not IImlt.d to, rl.on.bll attorne)l'l' fen. <br />If the pow.r of gal. IllnvokCld, Trult.. Ihlll r.cord I notice of def.ult In lach county In which the Property or .om. <br />p.rt the...of Illocat.d andlhall mIll coplel of luch notice Inthe manner pr_rlbed by applicable IIIW to Borr_r .ndto the <br />other perlona prlKrlbed by IppllGable IIIW. After the IIp'' of luch tlm... mIll' be requl...d by appllcabl. IIIW, TrUItM "'111 <br />glIM I'Ubllc notice of 1111 to the perlona .nd In the m.nner IIrllCl'lbed by .ppllcabll IIIW. Truatee. without dem.nd on <br />Borr_r, .hlll all the Prop.rty at public .uctlon to the hlghelt bidder at the tlml .nd ,Ieee .nd under the t.rml c1nlgnated <br />In the notice of 1111 In 0111 or morl parcel. and In.uch order.. TrUlt.. m.y detlrmlne, TrUlt.. m.y poatl'o". ..11 of all or <br />Iny p.rcel oftheProperty by public: InnOUllCllmlnt atthetlm. .ndl'leee of .ny prevloUlly schedulld 1.'1, Lender or Lender'. <br />"Ig... m.y purch"l the Property It any 1111. <br />Upon rlClllpt of Plym.nt of the price bid, Truet.. Ih.1I .IIlMr to the purch...r TrUlt.... ..d conveylnll the Prope,." <br />lold. The reelt.llln the Trulte.'1 deed Ih.1I be prim. flClI Ivldencll of the truth of the Itat.mlnte m.de ther.ln, True_ Ih.1I <br />.pply the I'r_dtI of the III. in the following order: lal to III rllnonlbl. CO.tl Ind expentel of the S.II, Including, but not <br />IImltld to, TrUlt.... fe.. actullly Incurr.d of not mOI'l th.n " of the gr_ III. price. .....on.bl. <br />attorneYI' f..1 .ndco.t. oftlt'.evld.nm; Iblto III.umllecurld lIythll Deed of Tru.t; Indld thelXce.., If .ny. to the peraon <br />or perlona 1.11.1111' Intltlld th.r.to. <br />111. Borrowlr'l Rlllht to Relnlt.t.. NOlwlthSlandlng Lender's accelerallon of the SlmS secured by thls Deed of TrUST, due <br />to Borrower's breach, Borrower shall have the righT 10 have any proceedings begun by Lender TO enforce Ihis Deed of TrUST <br />discontinued at any lime prior to The earlier 10 occur of CO 'he fifth day before 'he sale of The Property pursuant to the power of sale <br />contained in This Deed of Trust or (Ii) en,ry of a Judgnent enforcing this Deed of Trust If: (a) Borrower pays Lender all SlmS which <br />would be then due under This Deed of Trust and the Note had no acceleration occurred: (b) Borrower cures all breaches of ally other <br />covenants or agreemenTS of Borrower conlained in this Deed of Trust; (c) Borrower pays all reasonable expenses, incurred by <br />Lender and Trusleeln enforcing The covenanTS and agreements of Borrower conTained In this Deed of Trusl and In enforcing Lender's <br />and Trustee's remedies as provided In paragraph 17 hereof, Including, bUT not limited 10. reasonable allorneys' fees: and (dl Borrower <br />takes such action as Lender may reasonably require to assure lhat Theilen of This Deed of Trust. Lender's interest In 'he Property and <br />Borrower's obligation to pay the SlmS secured by This Deed 0' TrUST shall conllnue unimpaired. Upon such paymenT and cure by <br />Borrower. this Deed of Trust and The obllgallons secured hereby shall remain In full force and effect as If no acceleration had <br />occurred. <br /> <br />NEBRASICA-HOvlE MPROVEMENT-1/80-FNMAlFHLMC UNIFORM INSTRUMENT <br /> <br />Versto. 1,0 <br /> <br />PIP 3 of 4 <br /> <br />CCERAC <br />