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, , f �� ' r ; : . , 99 11U722 _ If the power of sale is invoked, Trustee shall record a notice of def'ault 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 Iaw 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 menner prescribed by applicable law. Trustee, without demand on Borrower,shall sell the Property at public auction to the itighest bidder at the time and place and under the terms designated in the notice of sele 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 end place of any previously scheduled sa1e.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 truth of the statements made therein. Trustee shall apply the proceeds ot the sale in the following order: (a)to all costs and expenses of eacercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed the greater of$........�:�................... or ..:!!?,OF 1,,,,,,,,,•�, of the principa! amount of the note at the time of the declaration of default, and reasonable attorneys'fees as permitted by law; (6)to all sums secured by this Security Instrument; and(c)any excess to the person or persons legaJly entitled to it. 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Securiry Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranry and without charge to the person or persons legally entided to it Such person or persons shall pay any recordadon costs. 23. Substitute Trustee. Lender, at its opflon,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 Insuument is recorded. Without conveyance of the Property,the successor trustee shall succeed to all the tide,power and duties conferred upon Trustee herein and by applicable law. 24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Bonower's address which is the Property Address. 25. Riders to this Security Instrument. If one or more riders are executed by Bonower and recorded together with this Securiry Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Securiry Instrument as if the rider(s) were a part of this Security Instrument [Check applicable box(es)] � Adjustable Rate Rider � Condominium Rider � I-4 Family Rider ❑ Graduated Payment Rider ❑ Planned Unit Development Rider � Biweekly Payment Rider ❑ Balloon Rider � Rate Improvement Rider � Second Home Rider XQ Prepayment Rider � Other(s) [specify] BY SIGNING BELOW, Bonower accepts and agrees to tt�e terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: � ` al) . - orrower . ,. (Seal) . - orrower � The. foregoing instrument was acknowlegeded before me this 3rd day of November, 1999 by Brian L. Schmidt and Debra A. Schriner Schmidt� husband a -- —� � I RAL NOTARY-Sta;e ci�:,.�;�s.";a � CURIE R. MiiJC�� PAy Comm.Exp, May 25, �;;02 NOTARY L C My Commission Expires [Space Below This Line for Acknowledgment] Single Famlly—FNMA/FHLMC UNIFORM INSTRUMENT FORM 3028 09/90 (Page 6 of 6 Pages) NEBRASKA EC927L Rev. 10/09/97