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200406088
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200406088
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Last modified
10/16/2011 5:29:58 PM
Creation date
10/21/2005 2:08:50 AM
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DEEDS
Inst Number
200406088
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200406088 <br />to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been <br />given to Borrower or Lender when given as provided in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall be governed by <br />federal law and the law of the State of Nebraska. In the event that any provision or clause of <br />this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect <br />other provisions of this Security Instrument or the Note which can be given effect without the <br />conflicting provision. To this end the provisions of this Security instrument and the Note are <br />declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and <br />of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of <br />the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is <br />sold or transferred and Borrower is not a natural person) without Lender's prior written consent, <br />Lender may, at their option, require immediate payment in full of all sums secured by this <br />Security Instrument. However, this option shall not be exercised by Lender if exercise is <br />prohibited by federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. <br />The notice shall provide a period of not less than 30 days from the date the notice is delivered <br />or mailed within which Borrower must pay all sums secured by this Security Instrument. If <br />Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower <br />shall have the right to have enforcement of this Security Instrument discontinued at any time <br />prior to the earlier of: (a) 30 days (or such other period as applicable law may specify for <br />reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those <br />conditions are that Borrower: (a) pay Lender all sums which then would be due under this <br />Security Instrument and the Note had no acceleration occurred; (b) cure any default of any other <br />covenants or agreements; (c) pay all expenses incurred in enforcing this Security Instrument, <br />including, but not limited to, reasonable attorneys' fees; and (d) take such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in the <br />Property and Borrower's obligation to pay the sums secured by this Security Instrument, shall <br />continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the <br />obligations secured hereby shall remain fully effective as if no acceleration had occurred. <br />However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 <br />or 17. <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to <br />acceleration following Borrower's breach of any covenant or agreement in this Security <br />Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law <br />provides other). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which <br />the default must be cured; and (d) that failure to cure the default on or before the date specified <br />in the notice may result in acceleration of the sums secured by this Security Instrument and sale <br />of the Property. The notice shall further inform Borrower of the right to reinstate after <br />acceleration and the right to bring a court action to assert the non - existence of a default or any <br />other defense of Borrower to acceleration and sale. If the default is not cured on or before the <br />date specified in the notice, Lender at their option may require immediate payment in full of all <br />sums secured by this Security Instrument without further demand and may invoke the power of <br />sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not <br />limited to, reasonable attorneys' fees and costs of title evidence. <br />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 the <br />manner prescribed by applicable law to Borrower and to the other persons prescribed by <br />applicable law. After the time required by applicable law, Trustee shall give public notice of sale <br />to the persons and in the manner prescribed by applicable law. Trustee, without demand on <br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and <br />under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />4 <br />
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