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202400255
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1/18/2024 3:26:52 PM
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1/18/2024 3:25:57 PM
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DEEDS
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202400255
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202400255 <br />LOAN #: 3923129267 <br />than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; <br />and (4) that failure to cure such breach on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Deed of Trust 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 <br />action to assert the nonexistence of a default or any other defense of Borrower to acceleration and <br />sale. If the breach Is not cured on or before the date specified in the notice, Lender, at Lender's <br />option, may declare all of the sums secured by this Deed of Trust to be immediately due and pay- <br />able without further demand and may invoke the power of sale and any other remedies permitted <br />by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred <br />in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable <br />attorneys' fees. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which <br />the Property or some part thereof is located and shall mail copies of such notice in the manner <br />prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. <br />After the lapse of such time as may be required by applicable law, Trustee shall give public notice <br />of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand <br />on Borrower, shall sell the Property at public auction to the highest bidder at the time and place <br />and under the terms designated in the notice of sale in one or more parcels and in such order as <br />Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled sale. Lender or Lender's designee <br />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 <br />conveying the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following <br />order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, Trustee's <br />fees actually incurred of not more than 0.00 % of the gross sale price, reasonable attorneys' <br />fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, <br />if any, to the person or persons legally entitled thereto. <br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured <br />by this Deed of Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings <br />begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of <br />(i) the fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust <br />or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would <br />be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all <br />breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower <br />pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements <br />of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided <br />in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes <br />such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's inter- <br />est in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue <br />unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured <br />hereby shall remain in full force and effect as if no acceleration had occurred. <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security <br />hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, <br />prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect <br />and retain such rents as they become due and payable. <br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by <br />agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage <br />the Property and to collect the rents of the Property including those past due. All rents collected by Lender <br />or the receiver shall be applied first to payment of the costs of management of the Property and collec- <br />tion of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable <br />attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be <br />liable to account only for those rents actually received. <br />20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebted- <br />ness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and <br />without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs <br />of recordation, if any. <br />21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint <br />a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which <br />this Deed of Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed <br />to all the title, power and duties conferred upon the Trustee herein and by applicable law. <br />22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale <br />be sent to Borrower's address which is the Property Address. <br />NEBRASKA — SECOND MORTGAGE — 1/80 — Fannie Mae/Freddie Mac Form 3828 <br />Modified by ICE Mortgage Technology, Inc. 4/I rights reserved. <br />ICE Mortgage Technology, Inc. Page 5 of 6 <br />NEVSECDE 1221 <br />NEVSECDE (CLS) <br />12/28/2023 08:54 AM PST <br />
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