Laserfiche WebLink
201804542 <br /> LOAN#: 17024 <br /> than 20 days from the date the notice is mailed to Borrower,by which such breach must be cured; <br /> and(4)that failure to cure such breach on or before the date specified in the notice may result in <br /> acceleration of the sums secured by this Deed of Trust and sale of the Property.The notice shall <br /> further inform Borrower of the right to reinstate after acceleration and the right to bring a court <br /> action to assert the nonexistence of a default or any other defense of Borrower to acceleration and <br /> sale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's <br /> option,may declare all of the sums secured by this Deed of Trust to be immediately due and pay- <br /> able without further demand and may invoke the power of sale and any other remedies permitted <br /> by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred <br /> in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable <br /> attorneys'fees. <br /> If the power of sale is invoked,Trustee shall record a notice of default in each county in which <br /> the Property or some part thereof is located and shall mail copies of such notice in the manner <br /> prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. <br /> After the lapse of such time as may be required by applicable law,Trustee shall give public notice <br /> of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand <br /> on Borrower, shall sell the Property at public auction to the highest bidder at the time and place <br /> and under the terms designated in the notice of sale in one or more parcels and in such order as <br /> Trustee may determine. 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 Lender's designee <br /> 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 <br /> conveying the Property sold.The recitals in the Trustee's deed shall be prima facie evidence of the <br /> truth of the statements made therein.Trustee shall apply the proceeds of the sale in the following <br /> order: (a)to all reasonable costs and expenses of the sale, including, but not limited to,Trustee's <br /> fees actually incurred of not more than 0.00% of the gross sale price,reasonable attorneys' <br /> fees and costs of title evidence; (b)to all sums secured by this Deed of Trust; and(c)the excess, <br /> if any,to the person or persons legally entitled thereto. <br /> 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured <br /> by this Deed of Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings <br /> begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of <br /> (i)the fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust <br /> or(ii)entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would <br /> be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all <br /> breaches of any other covenants or agreements of Borrower contained in this Deed of Trust;(c)Borrower <br /> pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements <br /> of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided <br /> in paragraph 17 hereof, including, but not limited to, reasonable attorneys'fees; and (d) Borrower takes <br /> such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's inter- <br /> est 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 <br /> hereby shall remain in full force and effect as if no acceleration had occurred. <br /> 19. Assignment of Rents;Appointment of Receiver; Lender in Possession.As additional security <br /> hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, <br /> prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect <br /> 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 <br /> agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage <br /> the Property and to collect the rents of the Property including those past due.All rents collected by Lender <br /> or the receiver shall be applied first to payment of the costs of management of the Property and collec- <br /> tion of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable <br /> attorneys'fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be <br /> liable to account only for those rents actually received. <br /> 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request <br /> Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebted- <br /> ness secured by this Deed of Trust to Trustee.Trustee shall reconvey the Property without warranty and <br /> without charge to the person or persons legally entitled thereto.Such person or persons shall pay all costs <br /> of recordation, if any. <br /> 21. Substitute Trustee.Lender,at Lender's option,may from time to time remove Trustee and appoint <br /> a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which <br /> this Deed of Trust is recorded.Without conveyance of the Property,the successor trustee shall succeed <br /> to all the title, power and duties conferred upon the Trustee herein and by applicable law. <br /> 22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale <br /> be sent to Borrower's address which is the Property Address. <br /> NEBRASKA-SECOND MORTGAGE-1/80-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3828 s po <br /> Modified by Ellie Mae,Inc. Initials: <br /> Ellie Mae,Inc. Page 5 of 6 NEVSECDE 0717 <br /> NEVSECDE(CLS) <br /> 07/09/2018 01:47 PM PST <br /> • <br /> polo::31. <br />