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200316577
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Last modified
10/16/2011 10:50:52 AM
Creation date
10/28/2005 4:59:33 PM
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DEEDS
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200316577
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20031657'7 <br />action to assert the non - existence of a default or any other defense of Borrower to acceleration and sale. If the <br />default is not cured on or before the date specified in the notice, Lender at its option may require immediate <br />payment in full of all sums secured by this Security Instrument without further demand and may invoke the power <br />of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses <br />incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' <br />fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower <br />and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall <br />give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without <br />demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and <br />under the terms 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 time and place and <br />under the terms 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 time and place of <br />any 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 deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the trust of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of <br />exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and <br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; <br />and (c) any excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument <br />to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if <br />the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable <br />Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any <br />Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without <br />conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and <br />by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />BY G G B'LO rro er accepts and agrees to the terms and covenants contained in this Security Instrument and in <br />any Rid e to Borr we recorded with it. U <br />(Seal) <br />_ (Seal) <br />T H A R CAN I Borrower K I B E R L Y J F 0 N- C A N F I E L Borrower <br />_ (Seal) <br />- Borrower <br />[Space Below This Line For Acknowledgment] <br />STATE OF NEBRASKA ) <br />) SS: <br />COUNTY OF BUFFALO ) <br />_ (Seal) <br />- Borrower <br />I, K A T H L E E N M. J A N N I N G a Notary Public in and for said county and state, do hereby certify that <br />NATHAN R C A N F I E L D AND KIMBERLY J FELT0N- CANFIELD, AS HUSBAND AND WIFE <br />personally appeared before me and Is (are) <br />known to me to be the persons who, being informed of the contents o t e foregoing instrument have executed same, and <br />acknowledged said instrument to be his, her or their, free and voluntary act and deed and that he, she or they executed said <br />instrument for the purposes and uses therein set forth. <br />Witness my hand and official seal this 2 9 T H <br />My Commission Expires: <br />Sal) <br />NEBRASKA -- Single Family— Fannie Mae/Freddie Mac UNIFORM STATEMENT Form 3028 1/01 (page 7 of 7 pages) <br />3028 NE DOT 01/01 PG7 <br />
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