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200411051 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 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 truth 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 of the sale, including the payment of the Trustee's fees actually incurred, not to exceed 21 . 0 0 % of the principal amount of the note at the time of the declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally 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 Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 23. 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. 24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property Address. 25. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: 4�x (Seal) MARC W. VIETH - Borrower 1C C/) i► llf.(.t� -1 /c etQ (Seal) KIMBERLY K1. VIETH - Borrower (Seal) - Borrower (Seal) - Borrower STATE OF NEBRASKA ► ►ss: COUNTY OF HALL ) The foregoing instrument was acknowledged before me this OCTOBER 26, 2004 MARC W. VIETH AND KIMBERLY K. VIETH, HUSBAND AND WIFE MTAM71 RY -State of Rebraska A. SULLIVAN My commission expires: . This instrument was prepared by: & DRAFTED BY: NICOLE PIESCHEK LOAN PRODUCTION TECHNICIAN 1- 800 - 374 -2337 © Copyright Compliance Systems, Inc. 1993, 1994, 1995, 1997, 1999 ITEM 121 NELS (9902A) Page 6 016 Notary Public After recording return to: AMERICAN FAMILY FINANCIAL SERVICES 6000 AMERICAN PARKWAY MADISON, WI 53783 -0001 9003101757 by Compliance Systems, Inc. To order: Call 800. 968.8522 Fox 818.956.1868