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201000459
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1/21/2010 1:38:36 PM
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DEEDS
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201000459
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2oiooo~59 <br /> <br />receipts of paid premiums. In the event of loss, Borrowers shall give prompt notice to the <br />insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrowers. <br />4. Protection of Lenders' Rights in the Property; Mortgage Insurance. If Borrowers fail to <br />perform the covenants and agreements contained in this Security Instrument, or there is a legal <br />proceeding that may significantly affect Lender's rights in the Property (such as a proceeding rn <br />bankruptcy, probate, forcondemnation orto enfnrcelaws orregulations), then Lender may do and <br />pay for whatever is necessary to protect the value of the Property and Lender's rights in the <br />Property. Lender's actions may include paying any sums secured by a lien which has priority over <br />this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on <br />the Property to make repairs. Although Lender may take action under this paragraph 4, Lender <br />does riot have to do so. Any amounts disbursed by Lender under this paragraph 4 shall become <br />additional debt of Borrowers secured by this Security Instrument. <br />5. Inspection. Lender or their agents may make reasonable entries upon and inspections <br />of the Property. Lender shall give Borrowers notice at the time of or prior to an inspection <br />specifying reasonable cause for the inspection. <br />6. Condemnation. The proceeds of any award or claim for damages, direct nr <br />consequential, in connection with any condemnation or other taking of any part of the Property, <br />or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums <br />secured by this Security Instrument, whether or not then due, with any excess paid to Bon-owers. <br />In the event of a partial taking of the Property, unless Borrowers and Lender otherwise agrees in <br />writing, the sums secured by this Security Instrument shall be reduced by the amount of the <br />proceeds multiplied by the following fraction: (a) the total amount of the sums secured <br />immediately before the taking, divided by (b) the fair market value of the Property immediately <br />before the taking. Any balance shall be paid to borrowers. <br />If the Property is abandoned by Borrowers, or if, after notice by Lender to Borrowers that <br />the condemnor offers to make an award or settle a claim for damages, Borrowers fail to respond <br />to Lender within 30 days after the date the notice is given, Lender is authorized to collect and <br />apply the proceeds, at their option, either to restore or repair the Property or to pay the sums <br />secured by this Security Instrument, whether or not then due. <br />7. Borrower Not Released; Forbearance by Lender Nat a Waiver. Extension of the time <br />for payment nr modification of amortization of the sums secured by this Security Instrument <br />granted by Lender to any successor in interest of Borrowers shall not operate to release the <br />liability of the original Borrowers or Borrowers' successors in interest. Lender shall not be required <br />to commence proceedings against any successor in interest or refuse to extend time for payment <br />or otherwise modify amortization of the sums secured by this Security Instrument by reason of any <br />demand made by the original Borrowers or Borrowers' successors in interest. Any forbearance <br />by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of <br />any right or remedy. <br />8. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants <br />and agreements of this Security Instrument shall bind and benefit the successors and assigns of <br />Lender and Barrowers, subject to the provisions of paragraph 13. Borrowers' covenants and <br />agreements shall be joint and several. <br />9. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has <br />the effect of rendering any provision of the Note or this Security Instrument unenforceable <br />according to its terms, Lender, at her option, may require immediate payment in full of all sums <br />secured by this Security Instrument and may invoke any remedies permitted by paragraph 15. <br />If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 13. <br />10. Notices. Any notice to Borrowers provided for in this Security Instrument shall be <br />given by delivering it ar by mailing it by first class mail unless applicable law requires use of <br />another method. The notice shall be directed to the Property address or any other address <br />Borrowers designate by notice to Lender. Any notice to Lender shall be given by first class mail <br />to Lender's address stated herein or any other address tender designates by notice to Borrowers. <br />Any notice provided for in this Security Instrument shall be deemed to have been given to <br />Borrowers nr Lender when given as provided in this paragraph. <br />11. Governing Law; Severabiiity. This Securitylnstnamentshall be governed by the law <br />of the State of Nebraska. In the event that any provision or clause of this Security Instrument or <br />the Note conflicts with applicable law, such conflict shall oat affect other provisions of this Security <br />Instrument or the Note which can be given effect without the conflicting provision. To this end the <br />provisions of this Security instrument and the Note are declared to be severable. <br />12. Borrower's Copy. Borrowers shall be given one conformed copy of the Nate and of <br />this Deed of Trust. <br />13. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the <br />2 <br />
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