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20220263.4 <br />11. Lender shall give notice to Borrower following Borrower's breach of any covenant or agreement in this <br />security agreement, the loan agreement, and the note which it secures. The notice shall specify (a) the default, (b) <br />the action required to cure the default, (c) a date not less than 30 days from the date the notice is given to Borrower <br />by which the default must be cured, and (d) that failure to cure the default on or before the date specified in the <br />notice may result in acceleration of the sum secured by this security agreement and resale of the property. The <br />notice shall further inform borrower of the right to reinstate, after acceleration, and the right to bring a court action <br />to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If default is not <br />cured, on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of <br />all sums 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 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 Borrower, 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 or more parcels and in any order Trustee determines. Trustee may <br />postpone sale of all or any parcel of the property by public announcement at the time and place of any previously <br />scheduled sale. Lender or its designee may purchase the property at any sale. Upon receipt of payment of the price <br />bid. Trustee shall deliver to the purchaser Trustee's Deed conveying the property. The recitals in the Trustee's Deed <br />shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of sale in <br />the following order: (a) to all expenses of the sale including, but not limited to, Trustee's fees as permitted by <br />Nebraska law and reasonable attorney fees; (b) to all sums secured by this security agreement; and (c) any excess to <br />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 />collect the rents of the property, including those past due. Any rents collected by Lender or the receiver shall be <br />applied first to payment of the costs of management of the property and collection of rents including, but not limited <br />to, receiver's fees, premiums on receiver's bonds and reasonable attorney fees, and then to the sums secured by this <br />security instrument. <br />14. Upon payment of all sums as herein provided, Lender shall direct Trustee to reconvey the property and <br />shall surrender this security instrument and the note secured. Trustee shall reconvey the property without warranty <br />and without charge to the persons legally entitled to it. <br />15. Lender, at its option, may from time to time remove Trustee and appoint a successor Trustee by an <br />instrument recorded the county in which this security instrument is recorded. Without conveyance of the property, <br />the successor Trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Nebraska <br />law. <br />16. Borrower requests that copies of all notices provided herein be sent to Borrower's address which is: <br />c/o Dana Point Development Corporation <br />P.O. Box 1808 <br />Turlock, CA 95381 <br />with a copy to: <br />MHEG 50, LP <br />c/o Midwest Housing Equity Group, Inc. <br />515 N. 162nd Avenue, Suite 202 <br />Omaha, NE 68818 <br />Attn: President <br />