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<br />200805532 <br /> <br />Loan #: 002005407224 <br />Deed of Trust. continued <br /> <br />If You abandon the Property, or if, after notice by Us to You that the condenmor offen> to make an awanl 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 arc authorized to collect and apply the proceeds in the same manner a<> provided in Paragmph 4 hereof. <br /> <br />9. Forbearance Not a Waiver. Any forbearance by Us in exereising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of MY such right or <br />remedy in the future. Any waiver by Us must be in writing and signed by Us. <br /> <br />10. SUccL'Ssors and Asshms Bound; Joint and Several Liabilitv; Captions. The covenants and agreements <br />hercin contained shall bind, and thc rights hereunder shall inure to, Your and Our respective successon> and <br />assigns, subject to the provision<l of Paragmph 13 hereof. All Your covenants and agreements shall be joint and <br />seveml. The captions and headings of the paraantphs of this Deed of Trust are for convenience only and are not <br />to be used to intel]ll"Ct or define the provisions hereof. <br /> <br />11. Notices. Except for any notice required under applicable law to be ~iven in another manner, (a) any notice <br />to You provided for in this Deed of Trost shall be given by personal delivery or by mailing such notice by <br />fil1'it.class postage paid, addressed to You at the address of the Property shown at the beginning of this Deed of <br />Tm."t or at such other address as You may designate by notice to Us as provided herein, and (b) MY notice to Us <br />shall be given by penmnal delivery or by mailing such notice by certified mail, return receipt requested, to Our <br />address stated herein or to such other address a<; We may designate by notice to You as provided herein. <br /> <br />12. Severabilitv. If any term of this Deed of Trust is found to be unenforceable, all other provisions will remain <br />in full force. <br /> <br />13. Due on Transfer Provision - Transfer of the Propertv. 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 natura1 person) <br />without Our prior written consent, We may, at Our option, require immediate payment in full of all smns 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 Tm.<;t. If We exercise this option, We shall give You notice of accelenttlon. 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 smns secured by this Deed of Trust must be paid If these smns are not paid prior to the expinttlon of this <br />period, We may invoke any remedies pemiitted by this Deed of Trust without further notice or demand on You. <br /> <br />14. Default. If You breach any ternl in this Deed of Trost, or if Bormwer failo; to perform any obligation under <br />the Agreement, We may, at Our option, declare wi sums secured by this Deed of Tm..t to be immediately due and <br />payable without further demand and may invoke the power of sale under this DL'Cd of Trust and any other <br />remedies permitted by law. The powcr 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 enforeing the terms of this Deed of Trust, including attorney's fees and allocated costs of Our salaried <br />employees. <br /> <br />15. Assh:~nment of Rents. As additional security hereunder, You hereby assign 10 Us the rents of the Property; <br />provided, however, that You shall have, prior to accelenttion under Pamgntph 14 hereof or abandonment of the <br />Property, the right 10 collect and retain such rents as they become due and payable. <br /> <br />16. Future Loan Advances. IJ pon Your request, We at Our option may make Future Loan Advances to You or <br />Bormwer. Such "'utore Loan Advances, with interest thereon, shall be secured by this Deed of Tm<;t when <br />evidenced by a promissory note or agreement stating that said note or agreement is so secured. <br /> <br />MB2533_2 Deed of Trost. Nebraska. 04/2007 <br /> <br />Page 5 of 8 <br /> <br />CI1IMongage 3.2.15.16 V2 <br />