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<br />200800752 <br /> <br />the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or <br />modifYing this Deed of Trust as to that Borrower's interest in the Property. <br /> <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 <br />Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated <br />herein orto such other address as Lender may designate by notice to Borrower as provided herein. Any notice <br />provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the <br />manner designated herein. <br /> <br />13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of <br />the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law <br />to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with <br />applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given <br />effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared <br />to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited <br />by applicable law or limited herein. <br /> <br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at <br />the time of execution or after recordation hereof. <br /> <br />15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home <br />rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at <br />Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an <br />assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or <br />services in connection with improvements made to the Property. <br /> <br />16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a <br />natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full <br />of all sums secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is <br />prohibited by federal 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 <br />period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all <br />sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender <br />may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> <br />17. Acceleration; Remedies. Except as provided in 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 <br />give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required <br />to cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which <br />such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice <br />mny result in acceleration of the sums secured by this Deed of Trust and sale of the PI'operty. The notice shall <br />further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to <br />assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is <br />not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums <br />secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the <br />power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all <br />reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but <br />not limited to, reasonable attorneys' fees. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the <br />Property or some part thereof is located and shall mail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such time <br /> <br />NEBRASKA - Second Mortgage - 1/80 - FNMAlFHLMC UNIFORM INSTRUMENT <br /> <br />VMP-76(NE) (0509) <br /> <br />Page 4 of 6 <br /> <br />Form 3828 <br />Amended 7/04 <br /> <br />Borrower(s) Initials,II!1.5m <br />, <br />