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201300023
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Last modified
12/31/2013 10:36:06 AM
Creation date
1/3/2013 9:06:18 AM
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DEEDS
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201300023
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201300023 <br /> Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security <br /> Instrument; (b)Lender shall be entitled to collect and receive all of the rents of the Property; and (c) <br /> each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on <br /> Lender's written demand to the tenant. <br /> Borrower has not executed any prior assignment of the rents and has not and will not perform any <br /> act that would prevent Lender from exercising its rights under this Paragraph 19. <br /> Lender shall not be required to enter upon, take control of or maintain the Property before or after <br /> giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at <br /> any time there is a breach. Any application of rents shall not cure or waive any default or invalidate <br /> any other right or remedy of Lender. This assignment of rents of the Property shall terminate when <br /> the debt secured by this Security Instrument is paid in full. <br /> 2D. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, <br /> Lender at its option may require immediate payment in full of all sums secured by this <br /> Security Instrument without further demand and may invoke the power of sale and any other <br /> remedies provided by applicable law. Lender shall be entitled to collect all expenses incurred <br /> in pursuing the remedies provided in this Paragraph 20, Including, but not limited to, <br /> 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 the <br /> 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 <br /> 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 <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 <br /> sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' <br /> fees as permitted by Applicable Law; (b)to all sums secured by this Security Instrument; and <br /> (c)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 the same pnority over <br /> any other liens on the Property as if the full amount had been disbursed on the date the initial <br /> disbursement was made, regardless of the actual date of any disbursement. The amount secured <br /> by this Security Instrument shall include all direct payments by Lender to Borrower and all other loan <br /> advances permitted by this Security Instrument for any purpose. This lien priority shall apply <br /> notwithstanding any State constitution, law or regulation, except that this lien pnority shall not affect <br /> the priority of any liens for unpaid State or local governmental unit special assessments or taxes. <br /> 22. Adjustable Rate Feature. Under the Note, the initial stated interest rate of 2.834% which accrues <br /> 111111111111111111111111 ICI lull 0111111 11 Il ll Jfl ill <br /> Finale Document Services® 0228 07/07 (8 of 11) Nebraska Deed of Trust HECM ADJUSTABLE RATE-MERS <br />
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