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200504411
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200504411
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Last modified
10/17/2011 6:17:57 AM
Creation date
10/28/2005 10:44:20 AM
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DEEDS
Inst Number
200504411
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200504411 <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br />period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all <br />sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, <br />Lender may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any <br />covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of <br />10 calendar days after they are due, any sums secured by this Deed of Trust, Lender prior to acceleration <br />shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action <br />required to cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, <br />by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified <br />in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. <br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a <br />court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. <br />If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may <br />declare all of the sums secured by this Deed of Trust to be immediately due and payable without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall <br />be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this <br />paragraph 17, including, but not limited to, reasonable attorneys' fees. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the <br />Property or some part thereof is located and shall mail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such <br />time as may be required by applicable law, Trustee shall give public notice of sale to the persons and in the <br />manner prescribed by applicable law. Trustee, 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 notice of sale <br />in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any <br />parcel of the Property by public announcement at the time and place of any previously scheduled sale. <br />Lender or Lender's 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 deed conveying <br />the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all <br />reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees actually incurred and <br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Deed of Trust; and <br />(c) the excess, if any, to the person or persons legally entitled thereto. <br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed <br />of Trust due to .Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to <br />enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the <br />Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed <br />of Trust i£ (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had <br />no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower <br />contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in <br />enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and <br />Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and <br />(d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, <br />Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall <br />continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured <br />hereby shall remain in full force and effect as if no acceleration had occurred. <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security <br />hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to <br />acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such <br />rents as they become due and payable. <br />NEBRASKA- SECOND MORTGAGE,- 1 180- F14;MA/FHLMC UNIFORM INSTRUMENT WITH MERS Form 3828 <br />GV2206.HP (AMENDED 11/02) (page 5 oJ'7 pages) <br />
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