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200503058
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200503058
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Last modified
10/17/2011 4:23:31 AM
Creation date
10/28/2005 10:23:47 AM
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DEEDS
Inst Number
200503058
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'200503058 <br />LENDER under this paragraph shall become an additional debt of BORROWER secured by this <br />security instrument, to bear interest from the date of disbursement and said amount, together with <br />the then unpaid principal amount, shall bear interest at the highest lawful rate until refunded by <br />BORROWER. <br />7. 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 />8. 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 <br />remedy shall not be a waiver or preclude the exercise of any right or remedy. <br />9. 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 known address. <br />10. This security instrument and the note which it secures shall be governed by Nebraska <br />Law. <br />11. LENDER shall give notice to BORROWER following BORROWER'S breach of any <br />covenant or agreement in this security agreement and the note which it secures. The notice shall <br />specify (a) the default, (b) the action required to cure the default, (c) a date not less than 60 days <br />from the date of the notice is given to BORROWER by which the default must be cured, and (d) the <br />failure to cure the default on or before the date specified in the notice may result in acceleration of <br />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, of a default or any other defense of <br />BORROWER to acceleration and sale. If default is not cured, on or before the date specified in the <br />notice, LENDER, at its option, may require immediate payment in full of all sums secured by this <br />security agreement without further demand and may invoke the power of sale and any other <br />remedies permitted by Nebraska Law, LENDER shall be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this paragraph, including but not limited to a reasonable attorney <br />fee, to the extent allowed by law, and costs of title evidence. <br />12. If the power of sale is invoked, Trustee shall record a notice of default in each county in <br />which any part of the property is located and shall mail copies of such notice in the manner <br />prescribed by Nebraska law. Trustee shall give public notice of sale to the persons and in the <br />manner prescribed by Nebraska law, without demand on BORROWER, shall sell the property at <br />public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone <br />sale of all or any parcel of the property by public announcement at the time and place of any <br />previously scheduled sale. Lender or its designee may purchase the property 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 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 fee as permitted by <br />Nebraska law, and reasonable attorney fees; (b) to all sums secured by this security agreement; and <br />(c) any excess to the person or persons legally entitled to it. <br />13. Upon acceleration under Paragraph 12 or abandonment of the property, LENDER (in . <br />person, by agent or by yudici lly-appoiated-"xaiverj--�haitte -e titled t6 enter upon, take possession <br />of and manage the property and to collect the rents of the property, including those past due. Any <br />rents collected by LENDER or the receiver shall be applied first to payment of the costs of <br />management of the property and collection of rents including, but not limited to, receiver's fees, to <br />the extent allowed by law, and then to the sums secured by this security instrument. <br />14. 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 warrant and without charge to the persons legally entitled to it. <br />
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