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200214437 <br />Unless Lender and Borrower otherwise agree in writing, any payments or proceeds from <br />insurance shall not extend or postpone the due date of the monthly payments provided in said <br />note, or change the amount of the payments. <br />5. If Borrower fails to perform the covenants and agreements herein contained, <br />Lender may do and pay for whatever is necessary to protect the value of the Property and <br />Lender's rights in the Property, including the paying of any sum secured by a lien which has <br />priority. over this security instrument, appearing in court, paying reasonable attorney fees and <br />entering the Property to make repairs. Any amount disbursed by Lender under this paragraph <br />shall become an additional debt of Borrower secured by this security instrument, to bear interest <br />from the dale of disbursement and said amount, together with the then unpaid principal amount, <br />shall bear interest at the highest lawful rate until refunded by Borrower. <br />G. The proceeds of any condemnation award are hereby assigned and shall be paid to <br />Lender and shall be applied to the sums secured by this security instrument, whether or not then <br />due, with any excess paid to Borrower. <br />7. Any extensions or modifications of the loan granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or <br />Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />8. Any notice to Borrower provided for in this security instrument shall be given by <br />delivering it or by mailing it by first class mail unless Nebraska law requires use of another <br />method, at the Borrower's last know address. <br />9. This security instrument and the note which it secures shall be governed by <br />Nebraska law. <br />10. Lender shall give notice to Borrower following Borrower's breach of any <br />covenants or agreement in this security agreement and the note which it secures. 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 Borrower by which default must be cared, and (d) that <br />failure to cure the default on or before the date specified in the notice may result in acceleration <br />of the sum secured by this security agreement and resale of the Property. The notice shall further <br />inform Borrower of the right to reinstate, after acceleration, and the right to bring a court action <br />to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. <br />If default is not cured, on or before the date specified in the notice, Lender, at its option, may <br />require immediate payment in full of all sums secured by this security agreement without further <br />demand and may invoke the power of sale and any other remedies permitted by Nebraska law. <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />paragraph, including by not limited to reasonable attorney fees and costs of title evidence. <br />11. 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 an 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 />Properly at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's <br />Deed conveying the Property. The recitals in the Trustee's Decd shall be prima facie evidence of <br />the truth of the s'atemcnts 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 />12. Upon acceleration under Paragraph 11 or abandonment of the Property, Lender <br />(in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take <br />possession of and manage the Property and to collect the rents of the Property, including those <br />past due. Any rents collected by Lender or the receiver shall he applied first to payment of the <br />