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200007345 <br />LOAN #: 3292216 <br />may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand <br />and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect <br />all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not <br />limited to, reasonable attorneys' fees. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some <br />part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to <br />the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee <br />shall give public notice of sale to the 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 and under the terms <br />designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone <br />sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. <br />Lender or Lender's 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 deed conveying the <br />Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, <br />including, but not limited to, Trustee's fees actually incurred of not more than 5.00 % of the gross sale price, <br />reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if <br />any, to the person or persons legally entitled thereto. <br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, due <br />to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust <br />discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of <br />sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if. (a) Borrower pays Lender all sums <br />which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of <br />any other covenants or agreements of 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 contained in this Deed of Trust and in <br />enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable <br />attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, <br />Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue <br />unimpaired. Upon such payment and cure 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 />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower <br />hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof <br />or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. <br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially <br />appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the <br />Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of <br />management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds <br />and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to <br />account only for those rents actually received. <br />20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the <br />Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. <br />Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such <br />person or persons shall pay all costs of recordation, if any. <br />21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder 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 conferred upon the Trustee herein <br />and by applicable law. <br />22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to Borrower's <br />address which is the Property Address. <br />REQUEST FOR NOTICE OF DEFAULT <br />AND FORECLOSURE UNDER SUPERIOR <br />MORTGAGES OR DEEDS OF TRUST <br />Request is hereby made that a copy of any notice of default and a copy of any notice of sale under the deed of trust filed for <br />record and recorded in Book , Page Records of <br />County, Nebraska, executed by <br />as Trustor, in which <br />is named as beneficiary and <br />as Trustee, be mailed to <br />at <br />�® 76(NE) (9803) CHL (03/98) Page 4 of 5 <br />i <br />Initials:/ <br />IT <br />