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<br />200701465 <br /> <br />priority over this security instrument, appearing in Court, paying reasonable attorney fees and <br />entering the property to make repairs. Any amount disbursed by Lender under this paragraph <br />shall become an additional debt of Borrower secured by this security instrument, to bear interest <br />from the date of disbursement and said amount, together with the then unpaid principal amount, <br />shall bear interest at the highest lawful rate until refunded by Borrower. <br /> <br />6. 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 /> <br />7. 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 remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br /> <br />8. This security instrument and the note which it secures shall be governed by <br />Nebraska Law. <br /> <br />9. 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 default, (c) a date not less than 30 days <br />from the date the notice is given to Borrower by which the default must be cured, and (d) that <br />failure to cure the default on or before the date specified in the notice may result in acceleration <br />of 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, and the right to bring a court action <br />to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. <br />If default is not cured, on or before the date specified in the notice, Lender, at its option, may <br />require immediate payment in full of all sum secured by this Security agreement without further <br />demand and may invoke the power of sale and any other remedies.permitted by Nebraska Law. <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />paragraph, including but not limited to reasonable attorney fees and costs of title evidence. <br /> <br />10. If the power of sale is invoked, Trustee shall record a notice of default in each <br />county in which any part of the property is located and shall mail copies of such notice in the <br />manner prescribed by Nebraska Law. Trustee shall give public notice of sale to the persons and <br />in the manner prescribed by Nebraska Law. Trustee, without demand on Borrower, shall sell the <br />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. <br />Trustee may postpone sale of all or any parcel of the property by public announcement at the <br />time and place of any previously scheduled sale. Lender or its designee may purchase the <br />property at any sale. <br /> <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchase 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 fees as permitted by <br />Nebraska Law and reasonable attorney fees, (b) to all sums secured by this security agreement, <br />and (c) any excess to the person or persons legally entitled to it. <br /> <br />11. Upon acceleration under Paragraph 12 or abandonment of the property, Lender (in <br />person, by agent, or by judicially appointed receiver) shall be entitled to enter upon, take <br />possession of an manage the property and to collect the rents of the property including those past <br />due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs <br />of management of the property and collection of rents including, but not limited to, receiver's <br />fees, premiums on receiver's bonds and reasonable attorney fees, and then to the sums secured <br />by this security instrument. <br /> <br />12. 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 warranty and without charge to the persons legally entitled to <br />it. <br /> <br />13. Lender, at its option, may from time to time remove Trustee and appoint asuccessor Trustee by an instrument recorded the county in which this security instrument is <br />-2- <br />