201706084
<br /> 6. If Borrower fails to perform the covenants and agreements herein contained,Lender may do and pay for
<br /> whatever is necessary to protect the value of the property and Lender's rights in the property,including the
<br /> paying of any sum secured by a lien which has priority over this security instrument,appearing in Court,
<br /> paying reasonable attorney fees and entering the property to make repairs. Any amount disbursed by
<br /> Lender under this paragraph shall become an additional debt of Borrower secured by this security
<br /> instrument,to bear interest from the date of disbursement and said amount,together with the then unpaid
<br /> principal amount,shall bear interest at the highest lawful rate until refunded by Borrower.
<br /> 7. The proceeds of any condemnation award are hereby assigned and shall be paid to Lender and shall be
<br /> applied to the sums secured by this security instrument,whether or not then due,with any excess paid to
<br /> Borrower.
<br /> 8. Any extensions or modifications of the loan granted by Lender to any successor in Interest of Borrower
<br /> shall not operate to release the liability of the original Borrower or Borrowers,successors in interest. Any
<br /> forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of
<br /> any right or remedy.
<br /> 9. Any notice to Borrower provided for in this security instrument shall be given by delivering it or may
<br /> mailing it by first class mail unless Nebraska law requires use of another method,at the Borrowers'last
<br /> known address.
<br /> 10. This security instrument,and the Note which it secures,shall be governed by Nebraska law.
<br /> 11. Lender shall give notice to Borrower following Borrowers'breach of any covenant or agreement in this
<br /> security agreement and the Note which it secures. The notice shall specify(a)the default,(b)the action
<br /> required to cure the default,(c)a date not less than thirty(30)days from the date the notice is given to
<br /> Borrower by which the default must be cured,and(d)that failure to cure the default on or before the date
<br /> specified in the notice may result in acceleration of the sum secured by this security agreement and resale of
<br /> the property. The notice shall further inform Borrower 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 other defense of Borrower to
<br /> acceleration and sale.If default is not cured,on or before the date specified in the notice,Lender,at its
<br /> option,may require immediate payment in full of all sums secured by this Security Agreement without
<br /> further 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 paragraph,
<br /> including,but not limited to,reasonable attorney fees and costs of title evidence.
<br /> 12. If the power of sale is invoked,Trustee shall record a notice of default in each county in which any part of
<br /> the property is located and shall mail copies of such notice in the manner prescribed by Nebraska law.
<br /> Trustee shall give public notice of sale to the persons and in the manner prescribed by Nebraska law.
<br /> Trustee,without 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(1)or more parcels and in any
<br /> order Trustee determines. Trustee may postpone sale of all or any parcel of the property by public
<br /> announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase
<br /> the property at any sale.
<br /> Upon receipt of payment of the price bid,Trustee shall deliver to the purchaser Trustee's Deed conveying
<br /> the property. The recitals in the Trustee's Deed shall be prima facie evidence of the truth of the statements
<br /> made therein. Trustee shall apply the proceeds of the sale in the following order:(a)to all expenses of the
<br /> sale including,but not limited to,Trustee's fees as permitted by Nebraska law and reasonable attorney fees,
<br /> (b)to all sums secured by this security agreement;and(c)any excess to the person or persons legally
<br /> entitled to it.
<br /> 13. Upon acceleration under Paragraph 12 or abandonment of the property,Lender(in person,by agent or by
<br /> judicially appointed receiver)shall be entitled to enter upon,take possession of and manage the property
<br /> and to collect the rents of the property,including those past due. Any rents collected by Lender or the
<br /> receiver shall be applied first to payment of the costs of management of the property and collection of rents
<br /> including,but not limited to,receiver's fees,premiums on receiver's bonds and reasonable attorney fees,and
<br /> then to the sums secured by this security instrument.
<br /> 14. Upon payment of all sums as herein provided,Lender shall direct Trustee to reconvey the property and shall
<br /> surrender this security instrument and the Note secured. Trustee shall reconvey the property without
<br /> warranty and without charge to the persons legally entitled to it.
<br /> 15. Lender,at its option,may from time to time remove Trustee and appoint Successor Trustee by an
<br /> instrument recorded the county in which this security instrument is recorded.Without conveyance of the
<br /> property,the successor Trustee shall succeed to all the title,power,and duties conferred upon Trustee
<br /> herein and by Nebraska law.
<br /> 16. Borrower requests that copies of all notices provided herein be sent to Borrowers'address,which is
<br /> 1414 St.Paul Rd Lot 2.Grand Island,NE 68801.
<br /> 2
<br />
|