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20180735b <br />5. Borrowers shall keep the improvements on said premises insured against loss by fire and <br />hazards included within the term "extended coverage", for their insurable value and policies <br />for the same shall include a standard mortgage clause showing Lender herein. In event of <br />loss, Lender may make proof of loss if not promptly made by Borrowers. Insurance proceeds <br />shall be applied to restoration or repair of the property damaged, unless both parties <br />otherwise agree, except if restoration or repair is not economically feasible or Lender's <br />security is not lessened, otherwise said proceeds shall be paid on the debt herein, whether or <br />not then due. <br />Unless Lender and Borrowers otherwise agree in writing, any payments or proceeds from <br />insurance shall not extend or postpone the due date of the monthly payments provided in said <br />Note, or change the amount of the payments. <br />6. If Borrowers fail to perform the covenants and agreements herein contained, Lender may do <br />and pay for whatever is necessary to protect the value of the property and Lender's rights in <br />the property, including the paying of any sum secured by a lien which has priority over this <br />security instrument, appearing in Court, paying reasonable attorney fees and entering the <br />property to make repairs. Any amount disbursed by Lender under this paragraph shall <br />become an additional debt of Borrowers secured by this security instrument, to bear interest <br />from the date of disbursement and said amount, together with the then unpaid principal <br />amount, shall bear interest at the highest lawful rate until refunded by Borrowers. <br />7. The proceeds of any condemnation award are hereby assigned and shall be paid to Lender <br />and shall be applied to the sums secured by this security instrument, whether or not then due, <br />with any excess paid to Borrower. <br />8. Any extensions or modifications of the loan granted by Lender to any successor in Interest of <br />Borrowers shall not operate to release the liability of the original Borrowers or Borrowers, <br />successors in interest. Any forbearance by Lender in exercising any right or remedy shall not <br />be a waiver of or preclude the exercise of any right or remedy. <br />9. Any notice to Borrowers provided for in this security instrument shall be given by delivering <br />it or may mailing it by first class mail unless Nebraska law requires use of another method, at <br />the Borrowers' last 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 Borrowers following Borrowers' breach of any covenant or <br />agreement in this security agreement and the Note which it secures. The notice shall specify <br />(a) the default, (b) the action required to cure the default, (c) a date not less than thirty (30) <br />days from the date the notice is given to Borrowers by which the default must be cured, and <br />(d) that failure to cure the default on or before the date specified in the notice may result in <br />acceleration of the sum secured by this security agreement and resale of the property. The <br />notice shall further inform Borrowers of the right to reinstate, after acceleration, and the right <br />to bring a Court action to assert the nonexistence of a default or any other defense of <br />Borrowers to acceleration and sale. If default is not cured, 011 or before the date specified in <br />the notice, Lender, at its option, may require immediate payment in full of all sums secured <br />by this Security Agreement without further demand and may invoke the power of sale and <br />any other remedies permitted by Nebraska law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this paragraph, including, but not <br />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 <br />which any part of the property is located and shall mail copies of such notice in the manner <br />prescribed by Nebraska law. Trustee shall give public notice of sale to the persons and in the <br />manner prescribed by Nebraska law. Trustee, without demand on Borrowers, shall sell the <br />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 (1) or more parcels and in any order Trustee <br />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 <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 <br />Deed conveying the property. The recitals in the Trustee's Deed shall be prima facie <br />evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the <br />sale in the following order: (a) to all expenses of the sale including, but not limited to, <br />Trustee's fees as permitted by Nebraska law and reasonable attorney fees, (b) to all sums <br />secured by this security agreement; and (c) any excess to the person or persons legally <br />entitled to it. <br />