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201701068
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Last modified
7/3/2017 5:40:38 PM
Creation date
2/16/2017 3:27:08 PM
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DEEDS
Inst Number
201701068
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-4- <br />2017010!8 <br />demand on Borrower, shall sell the property at public auction to the highest bidder at the <br />time and place and under the terms designated in the notice of sale in one or more parcels <br />and in any order Trustee determines. Trustee may postpone sale of all or any parcel of <br />the property by public announcement at the time and place of any previously scheduled <br />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 <br />Trustee's Deed conveying the property. The recitals in the Trustee's Deed shall be prima <br />facie evidence of the truth of the statements made therein. Trustee shall apply the <br />proceeds of sale in the following order: (a) to all expenses of the sale including, but not <br />limited to, Trustee's fees as permitted by Nebraska law and reasonable attorney fees; (b) <br />to all sums secured by this security agreement; and (c) any excess to the person or <br />persons legally entitled to it. <br />15. Rents. Upon acceleration under Paragraph 12 of abandonment of the <br />property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled <br />to enter upon, take possession of and manage the property and to collect the rents of the <br />property, including those past due. Any rents collected by costs of management of the <br />property and collection of rents including, but not limited to, receiver's fees, and then to the <br />sums secured by this security agreement. <br />16. Reconveyance. Upon payment of all sums as herein provided, Lender shall <br />direct Trustee to reconvey the property and shall surrender this Security instrument and <br />the Note secured. Trustee shall reconvey the property without warranty and without charge <br />to the persons legally entitled to it. <br />17. Successor Trustee. Lender, at its option, may from time to time remove <br />Trustee and appoint a successor Trustee by an instrument recorded in the county in which <br />this security instrument is recorded. Without conveyance of the property, the successor <br />Trustee shall succeed to all the title, power and duties conferred upon Trustee herein and <br />by Nebraska law. <br />[18.] Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of <br />the sums secured by this Deed of Trust, Borrower shall have the right to have any <br />proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior <br />to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the <br />power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed <br />of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed <br />of Trust, the Note and notes securing future advances, if any, had no acceleration <br />occurred; (b) Borrower cures all breaches of any other covenants or agreements of <br />Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses <br />incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower <br />contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as <br />provided herein, including, but not limited to, reasonable attorney's fees; and (d) Borrower <br />takes such action as Lender may reasonably require to assure that the lien of this Deed <br />of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums <br />secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure <br />by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full <br />force and effect as if no acceleration had occurred. <br />
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