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200102226 <br />LN ID #21014356 <br />law to Borrower ind to the other persons prescribed by applicable law. After the time required by <br />applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the <br />highest bidder at the time and place and under the terms designated in the notice of sale in one of more <br />parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the <br />Property by public announcement at the time and place of any previously scheduled sale. Lender or its <br />designee may purchase the Property at any sale. <br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires <br />immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale <br />provided in the Single Family Mortgage Foreclosure Act of 1994 ( "Act ") (12 U.S.C. 3751 et seq.) by <br />requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the <br />Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any <br />rights otherwise available to a Lender under this paragraph 18 or applicable law. <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 truth or <br />the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to <br />all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's <br />fees actually incurred, not to exceed 5.000 % of the principal amount of the note at the time of the <br />declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured by this <br />Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt <br />secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and <br />without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation <br />costs. <br />20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee t any Trustee appointed hereunder by an instrument recorded in the county in which this <br />Seeurit-v Instrumei ; is recorded. Without conveyance of the Prop,_�rty, the successor trustee shall succeed to ill <br />the title, power anJ duties conferred upon Trustee herein and by applicable law. <br />21. Request , or Notices. Borrower requests that copies of the notices of default and sale be sent to <br />Borrower's address which is the Property Address. <br />22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded <br />together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall <br />amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of <br />this Security Instrument. [Check applicable box(es)] <br />❑ Condominium Rider ❑ Growing Equity Rider ❑ Other [specify] <br />❑ Planned Unit Development Rider ❑ Graduated Payment Rider <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and <br />in any rider(s) executed by Borrower and recorded with it. <br />Witnesses: <br />w !'q (Seal) <br />GERALD W. MAaI� n t4W C3E 9-( - Borrower <br />(Seal) <br />JUL t E R . A�Eit 6 R— LA � - Borrower <br />STATE OF NEBRASKA, <br />The foregoing i as acknowledged before me this 14TH <br />by GERALD W. <br />JULIE R . <br />W:tncss my h iiid and notarial seal at <br />My Commission Lxpires <br />in said County, the date <br />200 <br />GEENEML NOTARY -Stan of Me oka <br />Iq MARLEEN F. ELL <br />My Comm. Exp./ _4 yea <br />NEFM5G - 08041999 <br />4n&dza-it) <br />Notary Public <br />Page 5 of 5 <br />_(Seal) <br />- Borrower <br />_( Seal ) <br />- Borr( ;wer <br />_(Seal) <br />- Borrower <br />_(Seal) <br />- Borrower <br />County ss: //4 // <br />day of MARCH, 2001 <br />s 12-A- <br />aid. <br />Doc Prep Plus, Inc. <br />