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200400316
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10/16/2011 11:16:13 AM
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10/20/2005 10:58:25 PM
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DEEDS
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200400316
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200400316 <br />default must be cured; (d) that failure to cure the event of default on or before the date specified in the notice <br />may result in acceleration of the sums secured by this Security Instrument and sale of the Property; and (e) any <br />other information required by applicable law. The notice shall further inform Borrower of the right to reinstate <br />after acceleration, if applicable, and the right to bring a court action to assert the nonexistence of an event of <br />default or any other defense of Borrower to acceleration and sale. If the event of default is not cured on or before <br />the date specified in the notice, Lender, at Lender's option, without further notice or demand, may declare <br />default, may declare all sums secured by this Security Instrument to be immediately due and payable, and may <br />invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all <br />reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 22, including, but not <br />limited to, reasonable attorneys' fees. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property <br />or some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to <br />Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required <br />by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest <br />bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in <br />such order as 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 may purchase <br />the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property sold. 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 reasonable costs and <br />expenses of the sale, including, but not limited to, Trustee's fees actually incurred of not more than 5 % of <br />the gross sale price, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this <br />Security Instrument; and (c) the excess, if any, to the person or persons legally entitled thereto. <br />23. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of (i) five days (or such other <br />period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale <br />contained in this Security Instrument or (ii) entry of a judgment enforcing this Security Instrument. Those <br />conditions are that Borrower: (a) pays Lender all sums which would then be due under this Security Instrument <br />and the Credit Agreement had no acceleration occurred; (b) cures all events of default under this Security <br />Instrument and the Credit Agreement; (c) pays all reasonable expenses incurred in enforcing this Security <br />Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and <br />Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon <br />reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully <br />effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of <br />acceleration under paragraph 21. <br />24. Reconveyance. This Security Instrument secures a revolving line of credit and advances may be made, <br />repaid, and remade from time to time, under the terms of the Credit Agreement. When, according to the terms of <br />the Credit Agreement, no more advances will be made, and Borrower has paid all sums secured by this Security <br />Instrument (or earlier if required by applicable law), Lender shall request Trustee to reconvey the Property and <br />shall surrender this Security Instrument and the Credit Agreement to Trustee. Trustee shall reconvey the Property <br />without warranty and without charge to the person or persons legally entitled thereto. Such person or persons <br />shall pay all costs of recordation, if any. <br />25. Substitute Trustee. Lender may from time to time in Lender's discretion remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee <br />shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. <br />26. Request for Notices. Borrower (Trustor) and Lender (Beneficiary) request pursuant to Neb. Rev. Stat. <br />76 -1008 that a copy of any notice of default and a copy of any notice of sale hereunder be mailed to Lender, at <br />the address shown on the first page of this Security Instrument, and to Borrower and Trustee at the following <br />addresses. <br />JAMES D MCCLELLEN 2020 N SHERMAN BLVD GRAND ISLAND NE 68803 <br />Borrower <br />Address City, State, Zip <br />Borrower Address City, State, Zip <br />Centris Federal Credit Union 11718 M Circle Omaha, NE 68137 -2219 <br />Trustee <br />ENE995 (LASER) 6849LL Revised 10/2001 1 <br />
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