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<br />200610408 <br /> <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 of <br />sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed 3.00 % <br />of the principal amount of the note at the time of the declaration of default, and reasonable attorneys I fees as permitted <br />by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to <br />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 and without charge to the person or persons legally <br />entitled to it. Such person or persons shall pay any recordation costs. <br />23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to <br />any 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 <br />and by applicable law. <br />24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address <br />which is the Property Address. <br />25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this <br />Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement <br />the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. <br />[Check applicable box(es)] <br /> <br />D Adjustable Rate Rider <br />D Graduated Payment Rider <br />D Balloon Rider <br />D VA Rider <br /> <br />D Condominium Rider <br />D Planned Unit Development Rider <br />D Rate Improvement Rider <br />D Other(s) [specify] <br /> <br />D 1-4 Family Rider <br />D Biweekly Payment Rider <br />D Second Home Rider <br /> <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and <br />in any rider(s) executed by Borrower and recorded with it. <br />Witnesses: <br /> <br />f ~/// <br />/ ,:;Z/<~ <br />,~/ KYLE A NABITY <br /> <br />(Seal) <br />.Borrower <br /> <br />~ V,& ?4~~(SeaJ) <br /> <br />. S~;:( NABITY ~-...., -Borrower <br /> <br />(Seal) <br /> <br />(Seal) <br />- Borrower <br /> <br />.Borrower <br /> <br />STATE OF NEBRASKA, Hall <br />The foregoing instrument was acknowledged before me this 10th <br />by KYLE A NABITY, SHAYLA A NABITY M ~~. _ ,oJ <br />Witness my hand and notarial seal at J.:t/ttl..IZtA- ' <br /> <br />My Commission EXPires:~ 5, ~OCA <br /> <br />~ENERAl NOTARY.State of Nebraska <br />! ASHLEY AMBROSE <br />.. _ - My Gomm. Exp. Jan. 5, 2009 <br /> <br /> <br />,2006 <br /> <br />.. -6RINE) (9212),06 <br /><A> <br /> <br />Page 6 of 6 <br /> <br />Form 3028 9/90 <br />