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<br /> � RE RECOi�Dt�"7����'.4� . • '�:=;�:,��::.
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<br /> � ' 'k0. '@orrawe�Not Rele�sed;Forbearunce Dy Lender Not a Waiven F.xtension of thc time for payment or modification �� •' � •��-;.;�
<br /> . of amortiza[ion of thc tiums securcd by this Dced of Trust sranted by Lcndc:r to any successor in intcrest of Horrowcr shaU „
<br /> � • not operatc to r�lease, in any munner, thc liabillry of[hc otiginal Borrower and Barrowcr's successors in interest. Le:ndcr �--
<br /> , shall not bc rGquired [o cammence proccedings against such succcssor ur refuse tu exteiid time for payment or otherwise _
<br /> modify amordzation of the sums securcd by diis Deed of Trust by reason of�tny demand ntade hy the original Barrower and _
<br /> . Aarrawer's successors in interest. Any forbearunce by Lender in exercisinb any right ur remedy hereunder, or otherwisc
<br /> 1 afforded by applicable law,shall not i�c a wnivcr af or precludc tlte excrcise of any such right ar remedy. .+; _
<br /> 11. Successors and Asslgns aound;Jaint and Several Lfubtllty; Ca•signcrs. The covenanGS and agmemen�s herein
<br /> � � contained shall bind,and the righ�s hereunder shall inure to,the respective successors and assigns of I.ender and Borrower� �•�� �
<br /> subject to the provisions of para�raph Ifi hereof. All covenants and agreemen�a nf Borrower shall be joint and several. An� �
<br /> � Borrower who co•signs this Deed of Trust,but does not execute the Note,(a�is co-signing this Deed af Trust only to grant -�+-•
<br /> s;'"d
<br /> - � and convey that Borrawer's intcrest in thc Properry [o Trustee under the[erms of ihis Deed of Trusi, (b) is not personallyi„► �=_��
<br /> ,. ,� liable on the Note or under this Deed of Trust, and (c) agrees that I.ender and any other Borrower hereunder may agree to� , ,_
<br /> extend, modify,forbear, or make any other accommodations with regard to the terms of this Deed of Tcust ar the Note� ;,•.�; -
<br /> without that Borrower's consent and without releasin�that Borrower or modifying this Deed of Trust as to that Borrower' �°''�
<br /> interest in the Properry. ` "-
<br /> 12. Notice. Except for any notice required under applicable law to b�given in anodier manner, (a) any notice to(� __, �_�'_''±^
<br /> Borrower provided for in diis Dced of Trust shall be given by delivering it or by mailing such nouce by certified mail addressed �� -,'�-9,-. �
<br /> to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as pravided ��;«"�_
<br /> heretn,and(b) any notice to Lender shall be given by certified mail ro Lender's address stated herein or to such other address �T_
<br /> as Lender may designate by nouce to Bonower as provided herein. Any notice provided for in this Deed of Trust shall be _____
<br /> deemed to have been given to Barrower or Lender �vhen given in the ma�uier designated herein. "; �—
<br /> 13. Governing Law;Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the :• ±��'t=� '.
<br /> ' r,-
<br /> ' jurisdiccion in which the Property is IucateJ. Tlie foregoing sentence shall not limit the applicability of Federal law ro this __ _ -----
<br /> Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicu with applicable law,such :_;'
<br /> : .,:.--
<br /> conflict shall not affect other provislons af this Deed of Trust or the Note which caa be given effect widiout the conflIcdng ",;r�-,•�v�•�
<br /> provision, and to this end the provisions of this Aeed of Trust and the Note are declared to be severable. As used herein, '"' '""�
<br /> ��._�
<br /> • •�' :. "cos[s","expenses"and "attorneys' fees"inciude all sums to the extent not prohibited by applicable law or limited herein. ,'�� �
<br /> ' `� 14. Borrower's Copy. Barrower shall be furnished a conformed copy of the Note and af this Deed of Trust at the time .•.''����'--
<br /> of execuuon or after rewrdation hereof. e-`�
<br /> � 15. Rehflbilttadon Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitauon, ;�! - _
<br /> improvement, repair,or other loan agreement which Borrower enters into with I.ender. Lender, at Lender's option, may r "'"
<br /> � require Bonower to execute and deliver to Lender, in a focm acceptable to Lender,an assignment of any rights, elalms or ___ __
<br /> �y'� defenses which�onower may have against parties who supply labor,materiats or services in co�ection with improvements
<br /> made to the Properry. �.`
<br /> � � ; - 16. 'I1�ansier oi the t'roperty or s isenei►cial inieresi in nurruwai°. it ali or �rl�a��af uhc Pr�gerr� or an;fntsrest !n —
<br /> • • 1 it is sold or transferred (or if a bene6cial interest in Borrower is sold or uansferred and Borrower is not a nqtural person)
<br /> ��� withaut Lender's prlor written consent, I.ender ruay,at its opdon, require immediate payment in tull of all sums secured by
<br /> . this Deed of Trust. However,this option shall not be exerclsed by Lender if exercise is prohibited by federal law as of die
<br /> . date of this Deed of Trust.
<br /> If L.ender exercises this opuon. Lender shall give Borrower nocice of acceleration. The notice shall provide a period of
<br /> • , not less than 30 days from the date the notice is delivered or mailed within vvhich Horrower must pay all sums secured by thls ��;�-
<br /> - ' Deed of Trust. If Borrower fails to pay these sums prior to tlte expiradon of this period,L.ender may invoke any remedies '
<br /> ,
<br /> • � permitted by thia Deed of Trust without funher notice or demand on Bonower. ._.
<br /> ''` - NON-UMFORM COVBNANTS. Bonower and L,ender further c.ovenant and agree as follows: _ -_
<br /> � � � 17. Acceler4tton;Remedles. Except as provided in pazagraph 16 liereof,upon Donower's breach of any covenant or �
<br /> ���-�• • ` agreement of Borrower in this Deed of Trus[, including Horrower's failure to pay,by the end of 10 calendar days after they �`�"'
<br />�;;r W.;>�::•"� •. are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall gxve nodce to Borrower as provided in .-
<br />:;,�-��...�.�.- paragraph 12 hereof specifying:(1) che breach; (2) the action required to cure such breach; (3) a date,not less tl�an ZO days :
<br /> -=�•�n�, , �: from che date the notice is mailed to Borrower, by whlch such breach must be cured;and(4) [hat failure to evre such breach "��
<br />�,e` •:• :� on or before the date specified in die nodce may result in acceleration of the suma secured by tLi� Deed of Trust and sate _._
<br /> a; •'��� of the Property. The notice shall funher lnform Borrower of the right to reinstate after acceleradon and the right to brizig
<br /> �;�;�����° a court action to assert the nonexistcnce of a default ar any other defense of Borro.ver ta acceleradon and sale. If the breuch .�
<br /> ; ; ��'s;.'. is not cured on or before the date specified in die nodce, Lender, at l.ender's option, may declare all of the suma secured by __
<br /> '"` ' " this Deed of Trust to be immediately due and payable without funher demand and rnay invoke the power of sale and any other
<br />��`�='���- remediea permitted by applicable law.Lender shall be endded to collect all reasonable cASts and expenses incursed in pursuinB
<br />_•--»ww+•.-• _.
<br /> •-:�•^�� the remedies provided in this paragraph 17,Includiqg,but not limited to,reasonable attomeys' fees.
<br />- ���';;,x,:,:`,.� If the power of sale is invoked,Trust�e shaU record a notice of default in each caunty in which the Property or some part __
<br />��' :` thereof is located and sh111 mail copies of such norice in the manner prescribeJ by applicable law to Borrower and to the other —
<br />'.� �,r.. .tA �.- �-._-___ -'
<br /> ' persons prescrlbed by applzcable law. After the lapse of such time as may be required by applicabie law,Trustee s2►aU give -_____--_
<br /> `" public notice of sale to the persons and in tha manner prescribed by applicable law.Trustee, widiout demand an Bonower, �--��t_
<br />- ,� shall sell the Properry at public aucuon to the liighest bidder at the time and plaa and uuder the terms designated in the �ro�„�;;
<br /> notice of sule In one or more parcels and in such order as Trustec may determine. Trustce may postponc sale of all or any �'"�="°'°.='°'=
<br /> . parcel of the Property by public arinouncement at the tfine and place of any previously scheduled saie. Lender or I,ender's `''�-��m���-��
<br /> • , designee may purchase the Property at any sale. �'��`�x T.�'"`'_-
<br /> Upon recelpt of payment of the price bid,Trustee shall deliver to the Furchaser Trustee's deed conveying the Property ��"•;A�•� -�,"�;
<br /> ; sold, The recitals in the Trustee's deed shall be prima facie evidencc of the truth of the statecnent� made therein. Trustee •.' '-' ' '
<br /> �� � shall apply the praceeds of the sale in the following order:(a) co all reasonable cosu and expenses of the sale,including,but '"'`".:'� , `:
<br /> `�^ �. .
<br /> : � ,��.'•;."1.•:
<br /> , not limited to,Trustee's fees actually incurred of not more than ry of the gross sale price,reasonabl.e • • - ••'�s;t��' °�
<br /> : � attorneys' fees and costs of tide evidence; (b) to all sums secured by this Dced of T'rusr, and (c) the excess,if any,to the •°i'�d;,
<br />� � person or persons legally entitled thereto.
<br /> , __ -__ tR_ Rorrower'sRieht to Refasu►te. Notwithstandina Lender's acceleration of the sums secured by diis Deed of Trust,
<br /> -- --- --
<br /> " duc to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Dced of -
<br /> Trust disconUnucd at any time prior to the earlier to occur of(i) the fiftl� day betore sale of the Properry pursuant to die
<br /> power of salc contained in this Deed of Trust or(ii)entry of a judgment enforcing this Deed of Trust if:(a) Borrower pays '
<br />- Lt:nder all sums�vhich would be then due under this Deed of Trust and the Note had no ac¢eleration occurred;(o) Borrowet .
<br /> cures all breaclies uf any other covenants or agreements of Borrower cantained in�his Deed of Trust; (c)Borrower pnys all
<br /> � reasonable expenses incurred by Leader and Tn►stee in enforcing thc covenanu and agreements of Borrower contained in ,
<br /> - d�is Deed of Trnst and in enforcing Lcndcr's xnd Trustce's remedies as provided in paragraph 17 I�ereof, including,but not .
<br /> - . limited to, ressonable attorncys' fees: and (d) Borru�ver takes such actiun as Lender may reasonably rcyuire to assure that •
<br />'; the lien of this Deed of Trust. Le:nder's interest in the Property and �urrc>�ver's obli�;ation to pay the sums secured by this
<br /> NBBRASKA�SCOND MORT6AGE •1/80-PNMA/FtII.MC UNIFORM INSfRiJMHN1' Pagc 3 uf 4 IL�rm 3828
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