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200404382 action to assert the non - existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the trust of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee Is permitted under Applicable Law. 24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address which is the Property Address. BY SI ING BELOW, Borrower ac is and agrees to the terms and covenants contained in this Security Instrument and in any Ride ted by Bo er and reco d wit it. c (Seal) (Seal) oC A R D-0 M 0 N TES - Borrower MA D. M O N T E S - Borrower — (Seal) - Borrower [Space Below This Line For Acknowledgment] STATE OF NEBRASKA ) SS: COUNTY OF BUFFALO ) l K E V I N 0 T T M A N a Notary Public in and for said county and state, do hereby certify that R-1 C A R D 0 M 0 N T E S AN D MA R I A 7 . M0NTES. AS HUSBAND AND WIFE known to me to be the persons who, being informed of the contents of the fo acknowledged said instrument to be his, her or their, free and voluntary act and instrument for the purposes and uses therein set forth. _ (Seal) - Borrower Illy appearea before me ana Is I,are) g instrument have executed same, and and that he, she or they executed said Witness my hand and official seal this 3 R D day of M A Y 2 0 0 4 My Commission Expires: G (Seal) GEWI.RAI NOTARY -State of Nebraska � KEVIN OTTMAN �7�°',, My Comm. Exp. May 19, 2005 NEBRASKA — Single Family— Fannie Mae/Freddie Mac UNIFORM STATEMENT Form 3028 1/01 (page 7 of 7 pages) 3028 NE DOT 01/01 PG7