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98- s�;z�9s <br /> In th�event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may <br /> make proof of loss if not made promptly by Borrower. <br /> If the Property is abandoned by Borrower,or if Borrower fails to respond to Lender within 30 days from <br /> the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for <br /> insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either <br /> to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br /> 6.Preservation and Maintenance of Property;Leaseholds;Condominiums;Planned Unit Developments. <br /> Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or <br /> deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a <br /> leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall <br /> perform all of Borrower's obligations under the declaration or covenants creating or governing the <br /> condominium or planned unit development, the by-laws and regulations of the condominium or planned unit <br /> development, and constituent documents. <br /> 7.Protection of Lender's Security.If Borrower fails to perform the covenanta and agreements contained <br /> in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest <br /> in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, <br /> disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect <br /> Lender's interest. If Lender required mortgage insurance as a condition of making the loan aecured by this <br /> Deed of Trust,Borrower ahall pay the premiums required to maintain such insurance in effect until such time <br /> as the requirement for such insurance terminates in accordance with Borrower's and Lender's written <br /> agreement or applicable law. <br /> Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, <br /> shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender <br /> agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower <br /> requesting payment thereof.Nothing contained in this paragraph 7 shall require Lender to incur any expense <br /> or take any action hereunder. <br /> 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the <br /> Property,provided that Lender shall give Borrower notice to any such inspection specifying reasonable cause <br /> therefor related to Lender's interest in the Property. <br /> 9.Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection <br /> with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of <br /> condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed <br /> of trust or other security agreement with a lien which has priority over this Deed of Trust. <br /> 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment <br /> or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor <br /> in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and <br /> Borrower's successors in interest. Lender shall not be required to commence proceedings against such <br /> successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this <br /> Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. <br /> Any forbearance by Lender in exercising any right or remedy hereunder,or otherwise afforded by applicable <br /> law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br /> 11. Successors and A.ssigns Bound; Joint and Several Liability; Co-signers. The covenants and <br /> agreements herein contained shall bind, and the rights hereunder shall inure to,the respective successors and <br /> assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and <br /> agreements of Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trust, but does <br /> not execute the Note, (a) is co-signing this Deed of Trust only to grant and convey that Borrower's interest <br /> in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on the Note or <br /> under this Deed of Trust,and(c) agrees that Lender and any other Borrower hereunder may agree to extend, <br /> modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the <br /> Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust <br /> as to that Borrower's interest in the Property. <br /> NEBRAS%A-SECOND MORTGAGE- 1/80-FNMA/Fffi�C MODIFIED INSTRUMENT go�38Zg <br /> ABF21436.PCL6/97 Page 3 of 6 <br /> I <br />