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200008622
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Last modified
10/13/2011 8:41:30 PM
Creation date
10/20/2005 9:52:22 PM
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DEEDS
Inst Number
200008622
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2000008622 <br />Instrument may be exercised by Lender without prior judicial hearing. Borrower has the <br />right to bring an action to assert the non - existence of an Event of Default or any other <br />defense of Borrower to acceleration and sale. Lender shall be entitled to collect all costs <br />and expenses incurred in pursuing such remedies, including attorneys' fees, costs of <br />documentary evidence, abstracts and title reports. <br />If the power of sale is invoked, Trustee shall record a notice of default in each <br />county in which the Mortgaged Property is located and shall mail copies of such notice in <br />the manner prescribed by applicable law to Borrower and to the other persons prescribed <br />by applicable law. Trustee shall give notice of sale and Trustee shall sell the Mortgaged <br />Property according to the laws of Nebraska. Trustee may sell the Mortgaged Property at <br />the time and place and under the terms designated in the notice of sale in one or more <br />parcels and in such order as Trustee may determine. Trustee may postpone sale of all or <br />any part of the Mortgaged Property by public announcement at the time and place of any <br />previously scheduled sale. Lender or Lender's designee may purchase the Mortgaged <br />Property at any sale. <br />Trustee shall deliver to the purchaser at the sale, within a reasonable time after the <br />sale, a Trustee's deed conveying the Mortgaged Property so sold without any covenant or <br />warranty, express or implied. The recitals in Trustee's deed shall be prima facie evidence <br />of the truth of the statements made therein. Trustee shall apply the proceeds of the sale <br />in the following order: (a) to all costs and expenses of the sale, including Trustee's fees of <br />not more than 5% of the gross sale price, attorneys' fees and costs of title evidence; (b) to <br />the Indebtedness in such order as Lender, in Lender's discretion, directs; and (c) the excess, <br />if any, to the person or persons legally entitled thereto. <br />44. RECONVEYANCE. Union payment of the Indebtedness, Lender shall <br />request Trustee to reconvey the Mortgaged Property and shall surrender this Instrument <br />and the Note to Trustee. Trustee shall reconvey the Mortgaged Property without warranty <br />to the person or persons legally entitled thereto. Such person or persons shall pay <br />Trustee's reasonable costs incurred in so reconveying the Mortgaged Property. <br />45. SUBSTITUTE TRUSTEE. Lender, at Lender's option, may from time to time <br />remove Trustee and appoint a successor trustee to any Trustee appointed under this <br />Instrument by an instrument recorded in the county in which this Instrument is recorded. <br />Without conveyance of the Mortgaged Property, the successor trustee shall succeed to all <br />the title, power and duties conferred upon the Trustee herein and by applicable law. <br />46. REQUEST FOR NOTICES. Borrower requests that copies of the notice of <br />default and notice of sale be sent to Borrower at Borrower's address stated in the first <br />paragraph on page 1 of this Instrument. <br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 4/98 Page 39 <br />NEBRASKA <br />
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