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201306187
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201306187
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Last modified
8/19/2014 2:23:42 PM
Creation date
8/1/2013 4:49:49 PM
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DEEDS
Inst Number
201306187
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201306187 <br />11. Any notice to Borrower provided for in this Deed of Trust shall be given by <br />delivering it or mailing it by First -Class Mail, unless Nebraska Law requires use of another <br />method, at the Borrower's last -known address. <br />12. This Deed of Trust shall be governed by Nebraska Law. <br />13. Lender shall give notice to Borrower following Borrower's breach of any covenant <br />or agreement in this Deed of Trust and the Debt that it secures. The notice shall specify (a) the <br />default, (b) the action required to cure the default, (c) a date not less than ten (10) days from the <br />date the notice is given to Borrower by which the default must be cured, and (d) that failure to cure <br />the default on or before the date specified in the notice may result in acceleration of the sum <br />secured by this Deed of Trust and sale of the Property pursuant to the power of sale granted herein. <br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to <br />bring a court action to assert the nonexistence of a default or any other defense of Borrower to <br />acceleration and sale. <br />If default is not cured on or before the date specified in the notice, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Deed of Trust without further <br />demand and may invoke the power of sale and any other remedies permitted by Nebraska Law. <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />Section or otherwise taken to protect its interest in collateral described in this Deed of Trust or <br />enforce any provisions hereof, including but not limited to reasonable attorney fees and costs of <br />title evidence. <br />14. If the power of sale is invoked, Trustee shall record a notice of default in each <br />county in which any part of the Property is located and shall mail copies of such notice in the <br />manner prescribed by Nebraska law. Trustee, without demand on Borrower, shall sell the <br />Property, at public auction to the highest bidder at the time and place and under the terms <br />designated in the notice of sale, in one or more parcels and in any order Trustee determines. <br />Trustee may postpone the sale of all or any parcel of the Property by public announcement at the <br />time and place of any previously - scheduled sale. Lender or its designee may purchase the Property <br />at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser a Trustee's <br />Deed conveying the Property. Trustee shall apply the proceeds of sale in the following order: (a) <br />to all expenses of the sale, including but not limited to Trustee's fees as permitted by Nebraska <br />law and reasonable attorney fees; (b) to all sums secured by this Deed of Trust; and (c) any excess <br />to the person or persons legally entitled to it. <br />15. As additional security for the Debt, Borrower hereby assigns all rents, issues and <br />profits of the Property to Lender. Upon acceleration under Section 13 or abandonment of the <br />Property, Lender (in person, by agent, or by judicially- appointed receiver) shall be entitled to enter <br />upon, take possession of, and manage the Property and to collect the rents of the Property, <br />including those past due. Any rents collected by Lender or the receiver shall be applied first to <br />payment of the costs of management of the Property and collection of rents, including but not <br />limited to receiver's fees, premiums on receiver's bonds, and reasonable attorney fees, and then to <br />the sums secured by this Deed of Trust. <br />16. Upon payment of all sums as provided herein, Lender shall direct Trustee to <br />reconvey the Property and shall surrender this Deed of Trust and the Debt secured hereby. Trustee <br />shall reconvey the Property without warranty and without charge to the persons legally entitled to <br />it. <br />17. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />Trustee by an instrument recorded in the county in which this Deed of Trust 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 />18. Borrower requests that copies of all notice provided herein be sent to Borrower's <br />address indicated hereinabove. <br />Page 3 of 4 <br />
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