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200601587
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2/23/2006 2:44:47 PM
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2/23/2006 2:44:46 PM
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DEEDS
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200601587
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<br />200601587 <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 17 <br />unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure <br />the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must <br />be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration <br />of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of <br />the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or <br />any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in <br />the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument <br />without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 21, <br />including, but not limited to, reasonable attorneys' 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 and <br />to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give <br />public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on <br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms <br />designated in the 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 previously scheduled <br />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 the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power <br />of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as <br />permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or <br />persons legally entitled to it. <br />22. 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 <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. <br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a 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 charging of the fee is <br />permitted under Applicable Law. <br />23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is <br />recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred <br />upon Trustee herein and by Applicable Law. <br />24. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's <br />address which is the Property Address. <br /> <br />REQUEST FOR NOTICE OF DEFAULT <br />AND FORECLOSURE UNDER SUPERIOR <br />MORTGAGES OR DEEDS OF TRUST <br /> <br />Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has <br />priority over This Security Instrument to give Notice to Lender, at Lender's address set forth on page one of This Security <br />Instrument, of any default under the superior encumbrance and of any sale or other foreclosure action. <br /> <br />[Signatures on Following Page] <br /> <br />Nebraska Deed of Trust -Single Family-Seeondary Lien <br />-The Compliance Source. Inc.- <br />www.compliancesource.com <br />IT~M 26227L10 (0204) <br /> <br />Page 10 of 11 <br /> <br />JnitialS~ _ _ <br /> <br />Form 3801 01/01 <br />14l0lNE 10101 <br />"' 2001, The Compliance Source, Inc. <br />330174 <br />
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