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200004458
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Last modified
10/13/2011 2:04:22 PM
Creation date
10/20/2005 8:35:16 PM
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DEEDS
Inst Number
200004458
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200004458 <br />Deed of Trust, continued CMBAMW <br />from the date the notice is delivered or mailed within which Trustor must pay all sums secured by this Deed of Trust. <br />If these sums are not paid prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Deed of Trust without further notice or demand on Trustor. <br />NON - UNIFORM COVENANTS. Trustor and Lender further covenant and agree as follows: <br />17. ACCELERATION: REMEDIES. EXCEPT AS PROVIDED IN PARAGRAPH 16 HEREOF, UPON <br />TRUSTOR'S BREACH OF ANY COVENANT OR AGREEMENT OF TRUSTOR IN THIS DEED OF TRUST, <br />INCLUDING THE COVENANTS TO PAY WHEN DUE ANY SUMS SECURED BY THIS DEED OF TRUST, <br />LENDER PRIOR TO ACCELERATION SHALL GIVE NOTICE TO TRUSTOR AS PROVIDED IN <br />PARAGRAPH 12 HEREOF SPECIFYING: (1) THE BREACH; (2) THE ACTION REQUIRED TO CURE SUCH <br />BREACH; (3) A DATE, NOT LESS THAN 10 DAYS FROM THE DATE THE NOTICE IS MAILED TO <br />TRUSTOR, BY WHICH SUCH BREACH MUST BE CURED; AND (4) THAT FAILURE TO CURE SUCH <br />BREACH ON OR BEFORE THE DATE SPECIFIED IN THE NOTICE MAY RESULT IN ACCELERATION OF <br />THE SUMS SECURED BY THIS DEED OF TRUST AND SALE OF THE PROPERTY. THE NOTICE SHALL <br />FURTHER INFORM TRUSTOR OF THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE <br />RIGHT TO BRING A COURT ACTION TO ASSERT THE NONEXISTENCE OF A DEFAULT OR ANY <br />OTHER DEFENSE OF TRUSTOR TO ACCELERATION. IF THE BREACH IS NOT CURED ON OR BEFORE <br />THE DATE SPECIFIED IN THE NOTICE, LENDER, AT LENDER'S OPTION, MAY DECLARE ALL OF THE <br />SUMS SECURED BY THIS DEED OF TRUST TO BE IMMEDIATELY DUE AND PAYABLE WITHOUT <br />FURTHER DEMAND AND MAY INVOKE THE POWER OF SALE AND ANY OTHER REMEDIES <br />PERMITTED BY APPLICABLE LAW. LENDER SHALL BE ENTITLED TO COLLECT ALL REASONABLE <br />COSTS AND EXPENSES INCURRED IN PURSUING THE REMEDIES PROVIDED IN THIS PARAGRAPH <br />17, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES. THE POWER OF SALE <br />CONFERRED BY THIS DEED OF TRUST AND BY APPLICABLE LAW IS NOT AN EXCLUSIVE REMEDY <br />AND TRUSTOR MAY CAUSE THIS DEED OF TRUST TO BE FORECLOSED AS A MORTGAGE. <br />If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the <br />occurrence of an event of default and of Lender's election to cause the Property to be sold and shall cause such notice <br />to be recorded in each county in which the Property or some part thereof is located. Trustee shall advertise the time <br />and place of sale of the Property, before date of sale in a newspaper in each county in which the Property is situated <br />and shall mail copies of such notice to Trustor and other persons as, and in the manner and at the times prescribed <br />by applicable law. Trustee shall give public notice of sale to the persons and in the manner and at the times <br />prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without <br />demand on Trustor, shall sell the Property at public auction to the highest bidder at the time and place and under the <br />terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee <br />may postpone sale of all or any parcel of the Property by public announcement at the time and place of any <br />previously scheduled sale. Lender or Lender's designee may purchase the property at any sale. <br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or <br />warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable <br />costs and expenses of the sale, including but not limited to, reasonable Trustee's and attorneys' fees and costs of title <br />evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally <br />entitled thereto. <br />18. TRUSTOR'S RIGHT TO REINSTATE. Notwithstanding Lender's acceleration of the sums secured by this <br />Deed of Trust due to Trustor's breach, Trustor shall have the right to have any proceedings begun by Lender to <br />enforce this Deed of Trust discontinued at any time prior to five days before sale of the Property pursuant to the <br />power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of <br />CFD FRHEL Deed of Trust — Nebraska 3/2000 5 of 7 <br />
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