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200411385
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Last modified
10/16/2011 11:26:47 PM
Creation date
10/21/2005 6:03:54 AM
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DEEDS
Inst Number
200411385
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200411385 <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />paragraph, including but not limited to reasonable attorney fees and costs of title evidence. <br />10. 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 Nebraska Law. Trustee shall give public notice of sale to the persons and <br />in the manner prescribed by Nebraska Law. Trustee, without demand on Borrower, shall sell the <br />property at public auction to the highest bidder at the time and place and under the terms <br />designated in the notice of sale in one or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the property by public announcement at the <br />time and place of any previously scheduled sale. Lender or its designee may purchase the <br />property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchase Trustee's <br />Deed conveying the property. The recitals in the Trustee's Deed shall be prima facie evidence of <br />the truth of the statements made therein. Trustee shall apply the proceeds of sale in the following <br />order: (a) to all expenses of the sale including, but not limited to, Trustee's fees as permitted by <br />Nebraska Law and reasonable attorney fees, (b) to all sums secured by this security agreement, <br />and (c) any excess to the person or persons legally entitled to it. <br />11. Upon acceleration under Paragraph 12 or abandonment of the property, Lender (in <br />person, by agent, or by judicially appointed receiver) shall be entitled to enter upon, take <br />possession of an manage the property and to collect the rents of the property including those past <br />due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs <br />of management of the property and collection of rents including, but not limited to, receiver's <br />fees, premiums on receiver's bonds and reasonable attorney fees, and then to the sums secured <br />by this security instrument. <br />12. Upon payment of all sums as herein provided, Lender shall direct Trustee to <br />reconvey the property and shall surrender this security instrument and the note secured. Trustee <br />shall reconvey the property without warranty and without charge to the persons legally entitled to <br />it. <br />13. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor Trustee by an instrument recorded the county in which this security instrument is <br />recorded. Without conveyance of the property, the successor Trustee shall succeed to all the title, <br />power and duties conferred upon Trustee herein and by Nebraska Law. <br />14. Any notice to Borrower provided for in this security instrument shall be given by <br />delivering it or may mailing it by first class mail unless Nebraska Law requires use of another <br />method, at the Borrower's last known address. Borrower requests that copies of all notices <br />provided herein be sent to Borrower's address, which is: <br />Rafael Esquivel <br />Cecilia Esquivel <br />322 East 10`h Street <br />Grand Island, NE 68801 <br />-3- <br />s <br />
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