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200706143
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200706143
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Last modified
3/4/2012 11:45:53 AM
Creation date
7/20/2007 4:14:54 PM
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DEEDS
Inst Number
200706143
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200'706143 <br />Loan #: 002004480723 <br />Deed of Trust, continued <br />If You abandon the Property, or if, after notice by Us to You that the condemnor offers to make an award or <br />settle a claim for damages, You fail to respond to Us within thirty (30) days after the date such notice is mailed, <br />We are authorized to collect and apply the proceeds in the same manner as provided in Paragraph 4 hereof. <br />9. Forbearance Not a Waiver. Any forbearance by Us in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or <br />remedy in the future. Any waiver by Us must be in writing and signed by Us. <br />10. Successors and A14 0s Bound joint -and Several Lia • Captions. The covenants and agreements <br />hereln contained shall bind, and the rights hereunder shall inure to, Your and Our respective successors and <br />assigns, subject to the provisions of Paragraph 13 hereof. All Your covenants and agreements shall he joint and <br />several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not <br />to be used to interpret or define the provisions hereof. <br />11. Notices. Except for any notice required under applicable law to be given in another manner, (a) any notice <br />to You provided for in this Deed of Trust shall be given by personal delivery or by mailing such notice by <br />first -class postage paid, addressed to You at the address of the Property shown at the beginning of this Deed of <br />Trust or at such other address as You may designate by notice to Us as provided herein, and (b) any notice to Us <br />shall be given by personal delivery or by mailing such notice by certified mail, return receipt requested, to Our <br />address stated herein or to such other address as We may designate by notice to You as provided herein. <br />12. Severabili . If any term of this Deed of Trust is found to be unenforceable, all other provisions will remain <br />in full force. <br />13. Due on Transfer Provision - Transfer of the Property. If all or any part of the Property or any interest in <br />it is sold or transferred (or if a beneficial interest in You is sold or transferred and You are not a natural person) <br />without Our prior written consent, We may, at Our option, require immediate payment in full of all sums secured <br />by this Deed of Trust. However, We shall not exercise this option if the exercise is prohibited by applicable law <br />as of the date of this Deed of Trust. If We exercise this option, We shall give You notice of acceleration. The <br />notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which <br />all sums secured by this Deed of Trust must be paid. If these sums are not paid prior to the expiration of this <br />period, We may invoke any remedies permitted by this Deed of Trust without further notice or demand on You. <br />14. Default. If You breach any term in this Deed of Trust, or if Borrower fails to perform any obligation under <br />the Agreement, We may, at Our option, declare all sums secured by this Deed of Trust to be immediately due and <br />payable without further demand and may invoke the power of sale under this Deed of Trust and any other <br />remedies permitted by law. The power of sale conferred by this Deed of Trust is not an exclusive remedy. We <br />may cause this Deed of Trust to be foreclosed as a mortgage. We may collect from You all reasonable costs <br />incurred in enforcing the terms of this Deed of Trust, including attorney's fees and allocated costs of Our salaried <br />employees. <br />15. Assignment of Rents. As additional security hereunder, You hereby assign to Us the rents of the Property; <br />provided, however, that You shall have, prior to acceleration under Paragraph 14 hereof or abandonment of the <br />Property, the right to collect and retain such rents as they become due and payable. <br />16. FMtre Loan Advan . Upon Your request, We at Our option may make Future Loan Advances to You or <br />Borrower. Such Future Loan Advances, with interest thereon, shall be secured by this Deed of Trust when <br />evidenced by a promissory note or agreement stating that said note or agreement is so secured. <br />MB2533_2 Deed of Trust - Nebraska - 0812006 Page 5 of 8 CitiMortgage 3.2.9.07 V2 <br />
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