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99111991
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99111991
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Last modified
3/13/2012 8:29:38 PM
Creation date
10/21/2005 1:48:16 AM
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DEEDS
Inst Number
99111991
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. s9 i � � ssi <br /> 11. Any notice to Borrower provided for in this Deed of Trust shall be given by <br /> delivering it or mailing it by first class mail unless Nebraska Law requires use of another <br /> method, at the Borrower's last known address. <br /> 12. This Deed of Trust shall be governed by Nebraska Law. <br /> 13. Lender shall give notice to Borrower following Borrower's breach of any <br /> covenant or agreement in this Deed of Trust and the Debt which it secures. The notice <br /> shall specify (a)the default, (b) the action required to cure the default, (c) a date not less <br /> than ten(10) days from the date the notice is given to Borrower by which the default <br /> must be cured, and (d)that failure to cure the default on or before the date specified in the <br /> notice may result in acceleration of the sum secured by this Deed of Trust and sale of the <br /> Property pursuant to the power of sale herein granted. The notice shall further inform <br /> Borrower of the right to reinstate, after acceleration, and the right to bring a court action <br /> to assert the nonexistence of a default or any other defense of Borrower to acceleration <br /> and sale. If default is not cured, on or before the date specified in the notice, Lender, at <br /> its option may require immediate payment in full of all sums secured by this Deed of <br /> Trust without further demand and may invoke the power of sale and any other remedies <br /> permitted by Nebraska Law. Lender shall be entitled to collect all expenses incurred in <br /> pursuing the remedies provided in this paragraph or otherwise taken to protect its interest <br /> in collateral described in this Deed of Trust or enforce any provisions hereof, including <br /> but not limited to reasonable attorney fees and costs of title evidence. <br /> 14. If the power of sale is invoked, Trustee shall record a notice of default in each <br /> county in which any part of the Property is located and shall mail copies of such notice in <br /> the manner prescribed by Nebraska law. Trustee, without demand on Borrower, shall sell <br /> the Property at public auction to the highest bidder at the time and place and under the <br /> terms designated in the notice of sale in one or more parcels and in any order Trustee <br /> determines. 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 its <br /> designee may purchase the Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser <br /> Trustee's Deed conveying the Property. Trustee shall apply the proceeds of sale in the <br /> following order: (a)to all expenses of the sale including, but not limited to, Trustee's fees <br /> as permitted by Nebraska law and reasonable attorney fees; (b)to all sums secured by this <br /> Deed of Trust; and (c) any excess to the person or persons legally entitled to it. <br /> 15. As additional security for the Debt, Borrower hereby assigns all rents, issues <br /> and profits of the Property to Lender. Upon acceleration under paragraph 13 or <br /> abandonment of the Property, Lenders (in person, by agent or by judicially appointed <br /> receiver) shall be entitled to enter upon,take possession of and manage the Property and <br /> to collect the rents of the Property, including those past due. Any rents collected by <br /> Lender or the receiver shall be applied first to payment of the costs of management of the <br /> Property and collection of rents including, but not limited to, receiver's fees, premiums on <br /> receiver's bonds and reasonable attorney fees, and then to the sums secured by this Deed <br /> of Trust. <br /> 16. Upon payment of all sums as herein provided, Lender shall direct Trustee to <br /> reconvey the Property and shall surrender this Deed of Trust and the Debt secured hereby.• <br /> Trustee shall reconvey the Property without warranty and without charge to the persons <br /> legally entitled to it. <br /> 17. Lender, at its option, may from time to time remove Trustee and appoint a <br /> successor Trustee by an instrument recorded in the county in which this Deed of Trust is <br /> recorded. Without conveyance of the property, the successor Trustee shall succeed to all <br /> the title, power and duties conferred upon Trustee herein and by Nebraska Law. <br /> � <br />
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