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202006734
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202006734
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2O2O0G 7 34 <br />15. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration <br />under paragraphs 9 and 13). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not Tess than 30 days from the date the notice is given to Borrower, by which the default <br />must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result <br />in acceleration of the sums secured by this Security Instrument 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 action to <br />assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default <br />is not cured on or before the date specified in the notice, Lender at its option may require immediate <br />payment in full of all sums secured by this Security Instrument without further demand and may invoke the <br />power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this paragraph 15, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any <br />part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable <br />law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable <br />law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable 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 or more parcels and in any order <br />Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement <br />at the time and place of any previously scheduled sale. Lender or its designees may purchase the Property <br />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. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all <br />expenses of the sale, including, but not limited to, Trustee's fees as permitted by applicable law and <br />reasonable attomeys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the <br />person or persons legally entitled to it. <br />16. Lender in Possession. Upon acceleration under paragraph 15 or abandonment of the Property, <br />Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take <br />possession of and manage the Property and to collect the rents of the Property including those past due. <br />Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management <br />of the Property and collection of rents, including, but not limited to, receivers fees, premiums on receiver's <br />bonds and reasonable attomeys' fees, and then to the sums secured by this Security Instrument. <br />17. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without <br />warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay <br />any recording costs. <br />18. Substitute Trustee. Lender, at its option, may from time to time remove the Trustee and appoint <br />a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which <br />this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall <br />succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. <br />19. Request for Notices. Borrower requests that copies of the notices of default and sale be sent <br />to Borrower's address which is 522 W. 1st Street, Grand Island, NE 68801. <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this <br />Deed of Trust. <br />li <br />4, <br />Miguel R. Cr <br />Borrower <br />STATE OF NEBRASKA <br />) ss. <br />COUNTY OF HALL <br />iii <br />Belkys M. e tell <br />Borrower <br />The foregoing promissory note was acknowledged before me on this j/ day ofJan/.�/k4J�- <br />, 2013, by Miguel R. Cruz and Belkys M. Gatell, husband and wife, Borrowers. OO <br />Notary Public <br />GENERAL NOTARY - State of Nebraska <br />PATRICIA A. RAUERT <br />My Comm. Exp. Feb. 18, 2014 <br />3 <br />
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