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200412002
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200412002
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Last modified
10/17/2011 12:09:19 AM
Creation date
10/21/2005 6:34:05 AM
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DEEDS
Inst Number
200412002
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200412002 <br />14. Notices. Any notice to Borrowers provided for in this Security Instrument shall be <br />given by delivering it or by mailing it by first class mail unless applicable law requires use of another <br />method. The notice shall be directed to the address set forth herein or any other address <br />Borrowers designate by notice to Lenders. Any notice to Lenders shall be given by first class mail <br />to Lenders' address stated herein or any other address Lenders designate by notice to Borrowers. <br />Any notice provided for in this Security Instrument shall be deemed to have been given to <br />Borrowers or Lenders when given as provided in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal <br />law and the law of the State of Nebraska. In the event that any provision or clause of this Security <br />Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions <br />of this Security Instrument or the Note which can be given effect without the conflicting provision. <br />To this end the provisions of this Security instrument and the Note are declared to be severable. <br />16. Borrowers' Copy. Borrowers 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 Borrowers. If all or any part of <br />the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrowers is sold <br />or transferred and Borrowers are not natural persons) without Lenders' prior written consent, <br />Lenders may, at their option, require immediate payment in full of all sums secured by this Security <br />Instrument. However, this option shall not be exercised by Lenders if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lenders exercise this option, Lenders shall give Borrowers notice of acceleration. <br />The notice shall provide a period of not less than 30 days from the date the notice is delivered or <br />mailed within which Borrowers must pay all sums secured by this Security Instrument. If Borrowers <br />fail to pay these sums prior to the expiration of this period, Lenders may invoke any remedies <br />permitted by this Security Instrument without further notice or demand on Borrowers. <br />18. Borrowers' Right to Reinstate. If Borrowers meets certain conditions, Borrowers <br />shall have the right to have enforcement of this Security Instrument discontinued at any time prior <br />to the earlier of: (a) 30 days (or such other period as applicable law may specify for reinstatement) <br />before sale of the Property pursuant to any power of sale contained in this Security Instrument; or <br />(b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrowers: <br />(a) pay Lenders all sums which then would be due under this Security Instrument and the Note had <br />no acceleration occurred; (b) cure any default of any other covenants or agreements; (c) pay all <br />expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable <br />attorneys' fees; and (d) take such action as Lenders may reasonably require to assure that the lien <br />of this Security Instrument, Lenders' rights in the Property and Borrowers' obligation to pay the <br />sums secured by this Security Instrument, shall continue unchanged. Upon reinstatement by <br />Borrowers, this Security Instrument and the obligations secured hereby shall remain fully effective <br />as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of <br />acceleration under paragraphs 13 or 17. <br />19. Acceleration; Remedies. Lenders shall give notice to Borrowers prior to acceleration <br />following Borrowers' breach of any covenant or agreement in this Security Instrument (but not prior <br />to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). The notice <br />shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 <br />days from the date the notice is given to Borrowers, by which the default must be cured; and (d) <br />that failure to cure the default on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Security Instrument and sale of the Property. The notice <br />shall further inform Borrowers of the right to reinstate after acceleration and the right to bring a <br />court action to assert the non - existence of a default or any other defense of Borrowers to <br />acceleration and sale. If the default is not cured on or before the date specified in the notice, <br />Lenders at their option, may require immediate payment in full of all sums secured by this Security <br />Instrument without further demand and may invoke the power of sale and any other remedies <br />permitted by applicable law. Lenders shall be entitled to collect all expenses incurred in pursuing <br />the remedies provided in this paragraph 19, including, but not limited to, reasonable attorneys' fees <br />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 Borrowers 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 />4 <br />
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