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�NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> � 17. Aooeleration;Remedies. Except as provided in paragraph 16 hereof,upon Borrower's breach of any wvenant <br /> or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days � <br /> after they are due,any sums secured by this Deed of Trust,Lender prior to acceleration shall give notice to Borrower ' <br /> as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, <br /> not less than 20 days from the date the notice is mailed to Bonower,by which such breach must be cured; and(4)that � : <br /> failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured � <br /> by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after � <br /> acceleration and the right to bring a wurt action to assert the nonexistence of a default or any other defense of <br /> Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, � <br /> at Lender's option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable �'�' <br /> without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender <br /> shall be entitled to collect all reasonable costs and expenses incuned in pursuing the remedies provided in this <br /> paragraph 17, including, but 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 Property or <br /> some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to <br /> Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by <br /> applicable law,Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. <br /> Trustee,without demand on Bonower,shall sell the Property at public auction to the highest bidder at the time and <br /> place and under the terms designated in the notice of sale in one or more parceLs and in such order as Trustee may <br /> determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and <br /> place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br /> Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made <br /> therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses <br /> of the sale, including, but not limited to,Trustee's fees actually incurred of not more than 5.0 0 0 % of <br /> the gross sale price,reasonable attorneys'fees and costs of title evidence;(b)to all sums secured by this Deed of Trust; <br /> and (c) the excess, if any, to the person or persons legally entitled thereto. <br /> 18. Bormvver's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br /> Trust, due to Bonower's breach,Bonower shall have the right to have any proceedings begun by Lender to enforce <br /> this Deed of Trust diswntinued at any time prior to the earlier to occur of(i)the fifth day before sale of the Property <br /> pursuant to the power of sale contained in this Deed of Trust or (u)entry of a judgment enforcing this Deed of Trust <br /> if: (a) Bonower pays Lender all sums which would be then due under this Deed of Trust and the Note had no <br /> acceleration occurred; (b) Bonower cures all breaches of any other covenants or agreements of Borrower contained <br /> in this Deed of Trust; (c) Bonower pays all reasonable expenses incurred by Lender and Trustee in enforcing the <br /> wvenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's <br /> remedies as provided in paragraph 17 hereof,including,but not limited to,reasonable attorneys'fees;and(d)Borrower <br /> takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in <br /> the Property and Bonower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. <br /> Upon such payment and cure by Borrower,this Deed of Trust and the obligations secured hereby shall remain in full <br /> force and effect as if no acceleration had occuned. <br /> 19. Assignment of Rents; Appointment of Receiver, Lender in Passession As additional security hereunder, <br /> Borrower hereby assigns to Lender the rents of the Property,provided that Borrower shall,prior to acceleration under <br /> paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become <br /> due and payable. <br /> Upon acceleration under paragraph 17 hereof or abandonment of the Property,Lender,in person,by agent or by <br /> judicially appointed receiver shall be entitled to enter upon,take possession of and manage the Property and to collect <br /> the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first <br /> to payment of the costs of management of the Property and collection of rents,including,but not limited to,receiver's <br /> fees,premiums on receiver's bonds and reasonable attomeys'fees,and then to the sums secured by this Deed of Trust. <br /> Lender and the receiver shall be liable to account only for those rents actually received. <br /> 20. Reoonveyanoe. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to <br /> reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this <br /> Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or <br /> persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. <br /> 21. Substitute TYustee. Lender,at Lender's option,may&om time to time remove Trustee and appoint a successor <br /> trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is <br /> recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br /> conferred upon the Trustee herein and by applicable law. <br /> 22. Request for Nodces. Borrower requests that copies of the notice of default and notice of sale be sent to <br /> Borrower's address which is the Property Address. <br /> REQUFST FOR NOTICE OF DEFAULT <br /> AND FORECLOSURE UNDER SUPERIOR <br /> MOR'PGAGES OR DEEDS OF TRUST <br /> Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which <br /> has priority over this Deed of Trust to give Notice to Lender, at Lender's address set forth on page one of this Deed <br /> of Trust, of any default under the superior encumbrance and of any sale or other foreclosure action. <br /> NEBRASKA-SECOND MORTGAGE-IBO-FNMA/FHLMC UNIFORM WSTRUMENT Focm 3828 <br /> n�m�o�sy.um,,i�.�eoo��a�-i�z Page 4 of 5 <br />