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201202181 <br /> • <br /> Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This <br /> assignment of rents of the Property shall terminate when the debt secured by this Security Instrument is paid in full. <br /> 20. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may <br /> invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br /> collect all expenses incurred in pursuing the remedies provided in this Paragraph 20, including, but not <br /> limited to,reasonable attorneys fees and costs of title evidence. <br /> If the power of sale is invoked,Trustee shall record a notice of default in each county in which any part of the <br /> Property 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 time required by applicable law, <br /> Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. <br /> 'trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the <br />• <br />• time and place and under the terms designated in the notice of sale in one or more parcels and in any order <br /> Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement <br /> at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at <br /> any sale. <br /> Upon receipt of payment of the price bid,Trustee shall deliver to the purchaser Trustee's deed conveying the <br /> Property. 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 costs and expenses of <br /> exercising the power of sale, and the sale, including the payment of the Trustees fees actually incurred and <br /> reasonable attorneys' fees as permitted by applicable law; (b) to all sums secured by this Security <br /> Instrument;and (e)any excess to the person or persons legally entitled to it. <br /> 21. Lien Priority. The full amount secured by this Security Instrument shall have a lien priority subordinate only <br /> to the full amount secured by the First Security Instrument. <br /> 22. Adjustable Rate Feature. Under the Note, the initial stated interest rate of Three and 009/1000's percent <br /> (3.009%) which accrues on the unpaid principal balance ("Initial Interest Rate") is subject to change, as described <br /> below. When the interest rate changes, the new adjusted interest rate will be applied to the total outstanding <br /> principal balance. Each adjustment to the interest rate will be based upon the One-Month London Interbank Offered <br /> Rate("LABOR")as made available in the "Money Rates" section of the Wall Street Journal ("Index")plus a margin.. <br /> If the Index is no longer available. Lender will be required to use any index prescribed by the Department of <br /> Housing and Urban Development. The new index will have a historical movement substantially similar to the <br /> original index. and the new index and margin will result in an annual percentage rate that is substantially similar to <br /> the rate in effect at the time the original index becomes unavailable. <br /> Lender will perform the calculations described below to determine the new adjusted interest rate. The interest rate <br /> may change on the first day of MARCH 1, 2012, and on that day of each succeeding year, X the first day of <br /> each succeeding month( Change Date")until the loan is repaid in full. <br /> The value of the Index will be determined, using the most recent Index figure available thirty (30) days before the <br /> Change Date ("Current Index"). Before each Change Date, the new interest rate will be calculated by adding a <br /> margin to the Current Index. The sum of the margin plus the Current Index, subject to the rate limitations below, <br /> will be called the"Calculated Interest Rate" for each Change Date. The Calculated Interest Rate will he compared <br /> to the interest rate in effect immediately prior to the current Change Date(the"Existing Interest Rate"). <br />• Annually Adjusting Variable Rate Feature-The Calculated Interest Rate will never increase or <br /> decrease by more than two percentage points(2.0%)on any single Change Date. The interest rate <br /> will never he more than five percentage points(5.0%)higher or lower than the Initial Interest Rate <br /> Nebraska 2a SeemaN lnslra0nenl CO Bay Does,Inc.06/10 <br /> Page 7 <br />