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201205175 <br />sum secured by this security agreement and resale of the property. The notice shall further <br />inform BORROWER of the right to reinstate, after acceleration, and the right to bring a court <br />action to assert the noneacistence of a default or any other defense of BORROWER to <br />acceleration and sale. If default is not cured, on or before the date specified in the notice, <br />LENDER, at its option, may require immediate payment in full of all sums secured by this <br />security agreement without further demand and may invoke the power of sale and any other <br />remedies permitted by Nebraska Law. LENDER shall be entitled to collect all expenses incuned <br />in pursuing the remedies provided in this paragraph, including but not limited to a reasonable <br />attorney fees, to the extent allowed by law, and costs of title evidence. <br />13. If the power of sale is invoked, Trustee shall record a notice of default in each county in which <br />any part of the properly is located and shall mail copies of such notice in the manner prescribed <br />by Nebraska law. Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Nebraska law, without demand on BORROWER, shall sell the property at public <br />auction to the highest bidder at the time and place and under the terms designated in the notice of <br />sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of <br />all or a.ny parcel of the property by public announcement at the time and place of any previously <br />scheduled sale. Lender or its 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 <br />conveying the property. The recitals in the Trustee's Deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shall apply the proceeds of sale in the following <br />order: (a) to all expenses of the sale including, but not limited to, Trustee's fees as permitted by <br />Nebraska law, and reasonable attorney fees; (b) to all sums secured by this security agreement; <br />and c) any excess to the person or persons legally entitled to it. <br />14. Upon acceleration under Paragraph 12 or abandonment of the property, LENDER (in person, by <br />agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and <br />manage the property and to collect the rents of the property, including those past due. Any rents <br />collected by LENDER or the receiver shall be applied first to payment of the costs of <br />management of the property and collection of rents including, but not limited to, receiver's fees, <br />premiums on receiver's bonds and reasonable attorney fees, to the extent allowed by law, and <br />then to the sums secured by this security instrument. <br />15. Upon payment of all sums as herein provided, LENDER sha.11 direct Trustee to re-convey the <br />property and shall surrender this security instrument and the note secured. Trustee shall re- <br />convey the property without warrant and without charge to the persons legally entitled to it. <br />16. LENDER, at its option, may from time to time remove Trustee and appoint a successor Trustee <br />by an instrument recorded in the county in which this security instrument is recorded. Without <br />conveyance of the property, the successor Trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Nebraska law. <br />17. BORROWER AND LENDER agree that no title insurance or search of tract or grant index will <br />be a requirement of this trust agreement. <br />IN WITNESS WHEREOF the BORROWERS have signed this agreement. <br />