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202009540
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Last modified
12/4/2020 3:04:33 PM
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12/4/2020 3:04:33 PM
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DEEDS
Inst Number
202009540
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202009540 <br />9. Any notice to Borrower provided for in this Deed of Trust shall be given by <br />delivering it or by mailing it by first class mail to the Borrower's address set forth above, unless <br />Nebraska law requires use of another method. <br />10. This Deed of Trust, and the promissory note secured hereby, shall be governed by <br />Nebraska law. <br />11. Lender shall give notice to Borrower following Borrower's breach of any <br />covenant or agreement in this Deed of Trust and the promissory note secured hereby. The notice <br />shall specify (a) the nature of the default; (b) the identity of this deed of trust as recorded in the <br />county records; and (c) a statement that Lender has elected to sell the property under the power <br />of sale set forth herein to satisfy the obligation secured by this deed of trust. Lender shall be <br />entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph, <br />including, but not limited to, reasonable trustee fees, publication costs and recording fees, <br />reasonable attorney fees, and costs of title evidence, including title insurance premiums <br />reasonably expended. <br />12. If the power of sale is invoked, Trustee shall record a notice of default in each <br />county in which any part of the property is located and shall mail copies of such notice in the <br />manner prescribed by Nebraska law. Trustee shall give public notice of sale to the persons and <br />in the manner prescribed by Nebraska law. Trustee, without demand on Borrower, 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 or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the property by public announcement at the <br />time and place of any previously scheduled sale. Lender or its designee may purchase the <br />property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the <br />purchaser a Trustee's Deed conveying the property. The recitals in the Trustee's Deed shall be <br />prima facie evidence of the truth of the statements made. Trustee shall apply the proceeds in the <br />following order: (a) to all expenses of the sale including, but not limited to, trustee fees as <br />permitted by Nebraska law; costs of title evidence, including title insurance premiums; recording <br />costs and publication costs; and reasonable attorney fees; (b) to all sums secured by this deed of <br />trust, including principal, interest, and late fees; and (c) any excess to the person or persons <br />legally entitled thereto. <br />13. Upon default by Borrower under this deed of trust or the promissory note secured <br />hereby, or abandonment of the property by Borrower, Lender (in person, by agent, or by <br />judicially appointed receiver) shall be entitled to enter upon, take possession of, and manage the <br />property and to collect the rents of the property, including those past due. Any rents collected by <br />Lender or the receiver shall be applied first to payment of the costs of management of the <br />property and collection of rents including, but not limited to, receiver's fees, premiums on <br />receiver's bonds, and reasonable attorney fees, and then to the sums secured by this Deed of <br />Trust. <br />14. Upon payment of all sums as provided in this Deed of Trust, Lender shall direct <br />Trustee to reconvey the property and shall surrender this security instrument and the promissory <br />
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