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200412251 <br />rights exist under Applicable Law.) If the default is not cured on or before the date specified in the <br />notice, Lender may, at Lender's option, require immediate payment in full of all sums secured by <br />this Security Instrument without further demand and may invoke the power of sale and any other <br />remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this Section 19, including, but not limited to, reasonable <br />attorneys' fees as permitted by Applicable Law, and costs of title evidence. <br />If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written <br />notice of the occurrence of an event of default and of Lender's election to cause the Property to be <br />sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property <br />is located. Lender or the Trustee shall mail copies of the notice as prescribed by Applicable Law to <br />Borrower and to the other persons prescribed by Applicable Law. Trustee shall give public notice of <br />sale to the persons and in the manner prescribed by Applicable Law. After the time required by <br />Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to <br />the highest bidder at the time and place and under the terms designated in the notice of sale in one <br />or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel <br />of the Property by public announcement at the time and place of any previously scheduled sale. <br />Either Lender or Lender's designee may purchase the Property at any sale. <br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any <br />covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie <br />evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in <br />the following order: (a) to all expenses of the sale, including, but not limited to, reasonable <br />Trustee's and attorneys' fees, as set forth above; (b) to all sums secured by this Security Instrument; <br />and (c) any excess to the person or persons legally entitled to it. <br />20. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a reasonable fee for reconveying the <br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the <br />charging of the fee is permitted under Applicable Law. If the fee charged does not exceed the fee set by <br />Applicable Law, the fee is conclusively presumed to be reasonable. <br />21. Substitute Trustee. Lender may, at Lender's option, from time to time appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and <br />recorded in the office of the Recorder of the county in which the Property is located. The instrument shall <br />contain the name of the original lender, Trustee and borrower, the book and page where this Security <br />Instrument is recorded and the name and address of the successor trustee. Without conveyance of the <br />Property, the successor trustee shall succeed to all the title, powers and duties conferred upon the Trustee <br />herein and by Applicable Law. This procedure for substitution of trustee shall govern to the exclusion of <br />all other provisions for substitution. <br />22. Discontinuance of Enforcement. Notwithstanding acceleration of the sums secured by this <br />Security Instrument under the provisions of Section 15 or Section 19, Lender may, in Lender's sole <br />discretion and upon such conditions as Lender in Lender's sole discretion may determine, discontinue any <br />proceedings begun to enforce the terms of this Security Instrument. <br />23. No Waiver. No waiver by Lender at any time of any term, provision or covenant contained in <br />this Security Instrument or in the note secured hereby shall be deemed to be or construed as a waiver of <br />any other term, provision or covenant or of the same term, provision or covenant at any other time. <br />Borrower Initials <br />GMD Nebraska Junior Lien DOT - HC Form 33703.3 05/17/02 (page 11 of 13 pages) <br />