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202306219
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11/27/2023 3:44:22 PM
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11/27/2023 3:44:21 PM
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DEEDS
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202306219
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202306219 <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />26. Acceleration; Remedies. <br />(a) Notice of Default. Lender will give a notice of Default to Borrower prior to acceleration following <br />Borrower' s Default, except that such notice of Default will not be sent when Lender exercises its right under Section <br />18 unless Applicable Law provides otherwise. The notice will specify, in addition to any other information required <br />by Applicable Law: (i) the Default; (ii) the action required to cure the Default; (iii) a date, not less than 30 days (or <br />as otherwise specified by Applicable Law) from the date the notice is given to Borrower, by which the Default must <br />be cured; (iv) that failure to cure the Default on or before the date specified in the notice may result in acceleration <br />of the sums secured by this Security Instrument and sale of the Property; (v) Borrower' s right to reinstate after <br />acceleration; and (vi) Borrower' s right to bring a court action to deny the existence of a Default or to assert any other <br />defense of Borrower to acceleration and sale. <br />(b) Acceleration; Power of Sale; Expenses. If the Default is not cured on or before the date specified in the <br />notice, Lender may require immediate payment in full of all sums secured by this Security Instrument without further <br />demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender will be <br />entitled to collect all expenses incurred in pursuing the remedies provided in this Section 26, including, but not limited <br />to: (i) reasonable attorneys' fees and costs; (ii) property inspection and valuation fees; and (iii) other fees incurred <br />to protect Lender' s interest in the Property and/or rights under this Security Instrument. <br />(c) Notice of Sale; Sale of Property. If the power of sale is invoked, Trustee will record a notice of Default <br />in each county in which any part of the Property is located and will mail copies of such notice, in the manner <br />prescribed by Applicable Law, to Borrower and to the other required recipients. After the time required by Applicable <br />Law, Trustee will give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, <br />without further demand on Borrower, will sell the Property at public auction to the highest bidder at the time and <br />place and under the terms 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 time and place of any <br />previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />(d) Trustee's Deed; Proceeds of Sale. Upon receipt of payment of the price bid, Trustee will deliver to the <br />purchaser a Trustee's deed conveying the Property. The recitals in the Trustee's deed will be prima facie evidence <br />of the truth of the statements made in that deed. Trustee will apply the proceeds of the sale in the following order: <br />(i) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee' s fees <br />actually incurred and reasonable attorneys' fees and costs, as permitted by Applicable Law; (ii) to all sums secured <br />by this Security Instrument; and (iii) any excess to the person or persons legally entitled to it. <br />27. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender will request Trustee <br />to reconvey the Property and will surrender this Security Instrument and all Notes evidencing the debt secured by this <br />Security Instrument to Trustee. Upon such request, Trustee will reconvey the Property without warranty to the person <br />or persons legally entitled to it. Such person or persons will pay any recordation costs associated with such <br />reconveyance. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is <br />paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under <br />Applicable Law. <br />28. Substitute Trustee. Lender may, from time to time, by itself or through the Loan Servicer, remove Trustee <br />and appoint a successor trustee to any Trustee appointed under this Security Instrument by an instrument recorded in <br />the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee <br />will succeed to all the rights, title, power, and duties conferred upon Trustee in this Security Instrument and by <br />Applicable Law. <br />29. Request for Notices. Borrower requests that copies of any notice of Default and/or notice of sale be sent <br />to each party to this Security Instrument at the Notice Address as defined in Section 15(c). <br />NEBRASKA FHA DEED OF TRUST - MERS <br />NEDOTZ2N.FHA 01/24/23 <br />Page 16 of 18 <br />* DocMagic <br />
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