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201211134
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12/28/2012 2:25:57 PM
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DEEDS
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201211134
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and the right to bring a court action to assert the non - existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date <br />specified in the notice, Lender at its option may require immediate payment in full of all sums <br />secured by this Security Instrument without further demand and may invoke the power of <br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect <br />all expenses incurred in pursuing the remedies provided in this Section 22, 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 <br />which any part of the Property is located and shall mail copies of such notice in the manner <br />prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable <br />Law. After the time required by Applicable Law, Trustee shall give public notice of sale to <br />the persons and in the manner prescribed by Applicable Law. Trustee, without demand on <br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place <br />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 <br />announcement at the time and place of any previously scheduled sale. Lender or its designee <br />may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's <br />deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence <br />of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in <br />the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, <br />including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees <br />as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) <br />any excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but <br />only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the <br />fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which <br />this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall <br />succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to <br />Borrower's address which is the Property Address. <br />HCFG-00359 <br />NEBRASKA - Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30281/01 <br />VMP® 05/12 <br />Wolters Kluwer Financial Services 201212124.1.1.2336- J20120829Y Page 15 of 16 <br />1 <br />11 <br />iu <br />201211134 <br />1 <br />11 <br />01 <br />i <br />u <br />
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