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202102926
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Last modified
4/12/2021 10:50:48 AM
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4/12/2021 10:50:47 AM
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DEEDS
Inst Number
202102926
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202102926 <br />Unless Lender and Borrowers otherwise agree in writing, any payments or proceeds from insurance shall <br />not extend or postpone the due date of the monthly payments provided in said Note, or change the amount of the <br />payments. <br />6. If Borrowers fail to perform the covenants and agreements herein contained, Lender may do and pay <br />for whatever is necessary to protect the value of the property and Lender's rights in the property, including the <br />paying of any sum secured by a lien which has priority over this security instrument, appearing in Court, paying <br />reasonable attorney fees and entering the property to make repairs. Any amount disbursed by Lender under this <br />paragraph shall become an additional debt of Borrowers secured by this security instrument, to bear interest from <br />the date of disbursement and said amount, together with the then unpaid principal amount, shall bear interest at the <br />highest lawful rate until refunded by Borrowers. <br />7. The proceeds of any condemnation award are hereby assigned and shall be paid to Lender and shall <br />be applied to the sums secured by this security instrument, whether or not then due, with any excess paid to <br />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' successors in interest. <br />Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of <br />any right or remedy. <br />9. Any notice to Borrowers provided for in this security instrument shall be given by delivering it or by <br />mailing it using first class mail unless Nebraska law requires use of another method, at the Borrowers' last known <br />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 agreement in this <br />security agreement and the Note which it secures. The notice shall specify (a) the default, (b) the action required to <br />cure the default, (c) a date not less than thirty (30) days from the date the notice is given to Borrowers by which the <br />default 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 sum secured by this security agreement and resale of the property. The notice shall further <br />inform Borrowers of the right to reinstate, after acceleration, and the right to bring a Court action to assert the <br />nonexistence of a default or any other defense of Borrowers to acceleration and sale. If default is not cured, on or <br />before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums <br />secured by this Security Agreement without further demand and may invoke the power of sale and any other <br />remedies permitted by Nebraska law. Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in this paragraph, including, but not limited to, reasonable attorney fees and costs of title <br />evidence. <br />12. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part <br />of the property is located and shall mail copies of such notice in the manner prescribed by Nebraska law. Trustee <br />shall give public notice of sale to the persons and in the manner prescribed by Nebraska law. Trustee, without <br />demand on Borrowers, shall sell the property at public auction to the highest bidder at the time and place and under <br />the terms designated in the notice of sale in one (1) or more parcels and in any order Trustee determines. Trustee <br />may postpone sale of all or any parcel of the property by public announcement at the time and place of any <br />previously scheduled sale. Lender or its designee 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 conveying <br />the property. The recitals in the Trustee's Deed shall be prima facie evidence of the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale including, <br />but not limited to, 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 entitled to it. <br />13. Upon acceleration under paragraph 12 or abandonment of the property, Lender (in person, by agent or <br />by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the property and to <br />Page 2 of 3 <br />
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