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<br />200800752 <br /> <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; <br />provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be <br />in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to <br />Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, <br />deed of trust or other security agreement with a lien which has priority over this Deed of Trust. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make <br />proof of loss if not made promptly by Borrower. <br />If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date <br />notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender <br />is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the <br />Property or to the sums secured by this Deed of Trust. <br /> <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. <br />Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of <br />the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of <br />Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's <br />obligations under the declaration or covenants creating or governing the condominium or planned unit development, <br />the by-laws and regulations of the condominium or planned unit development, and constituent documents. <br /> <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this <br />Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br />then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including <br />reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required <br />mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the <br />premiums required to maintain such insurance in effect until such time as the requirement for such insurance <br />terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall <br />become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to <br />other tenns of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment <br />thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. <br /> <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, <br />provided that Lender shall give Borrower notice prior to any such inspection specifYing reasonable cause therefore <br />related to Lender's interest in the Property. <br /> <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are <br />hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security <br />agreement with a lien which has priority over this Deed of Trust. <br /> <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 <br />of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's <br />successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to <br />extend time for payment or otherwise modifY amortization of the sums secured by this Deed of Trust by reason of any <br />demand made by the original Borrower and Borrower's succcssors in interest. Any forbearance by Lender in <br />exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or <br />preclude the exercise of any such right or remedy. <br /> <br />11. Successors and Assigns Bound; Joint and Several Liability; Cowsigners. The covenants and agreements <br />herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender <br />and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be <br />joint and several. Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this <br />Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this <br />Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any <br />other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to <br /> <br />NEBRASKA - Second Mortgage - 1/80 - FNMAlFHLMC UNIFORM INSTRUMENT <br /> <br />VMP-76(NE) (0509) <br /> <br />Page 3 of 6 <br /> <br />Form 3828 <br />Amended 7/04 <br /> <br />Borrower(s) Initials ~ .m- <br />