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<br />~, <br /> <br />, 1 <br /> <br />200702169 <br /> <br />10. Notices. Any notice to Borrowers provided for in this Security Instrument shall be <br />given by delivering it or by mailing it by first class mail unless applicable law requires use of <br />another method. The notice shall be directed to the Property address or any other address <br />Borrowers designate by notice to Lender. Any notice to Lender shall be given by first class mail <br />to Lender's address stated herein or any other address Lender designates by notice to Borrowers. <br />Any notice provided for in this Security Instrument shall be deemed to have been given to <br />Borrowers or Lender when given as provided in this paragraph. <br /> <br />11. Governing Law; Severability. This Security Instrument shall be governed by the law <br />of the State of Nebraska. In the event that any provision or clause of this Security Instrument or <br />the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security <br />Instrument or the Note which can be given effect without the conflicting provision. To this end the <br />provisions of this Security instrument and the Note are declared to be severable. <br /> <br />12. Borrower's Copy. Borrowers shall be given one conformed copy of the Note and of <br />this Deed of Trust. <br /> <br />13. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the <br />Property or any interest in it is sold or transferred (or if a beneficial interest in the Borrowers is sold <br />or transferred and the new Borrower is not a natural person) without Lender's prior written <br />consent, Lender may, at her option, require immediate payment in full of all sums secured by this <br />Deed of Trust. <br /> <br />If Lender exercises this option, Lender shall give Borrowers notice of acceleration. The <br />notice shall provide a period of not less than 30 days from the date the notice is delivered or <br />mailed within which Borrowers must pay all sums secured by this Security Instrument. If <br />Borrowers fail to pay these sums prior to the expiration of this period, Lender may invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrowers. <br /> <br />14. Borrower's Right to Reinstate. If Borrowers meet certain conditions, Borrowers shall <br />have the right to have enforcement of this Security Instrument discontinued at any time prior to <br />the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) <br />before sale of the Property pursuant to any power of sale contained in this Security Instrument; <br />or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrowers: <br />(a) pay Lender all sums which then would be due under this Security Instrument and the Note had <br />no acceleration occurred; (b) cure any default of any other covenants or agreements; (c) pay all <br />expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable <br />attorneys' fees; and (d) take such action as Lender may reasonably require to assure that the lien <br />of this Security Instrument, Lender's rights in the Property and Borrowers' obligation to pay the <br />sums secured by this Security Instrument, shall continue unchanged. Upon reinstatement by <br />Borrowers, this Security Instrument and the obligations secured hereby shall remain fully effective <br />as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of <br />acceleration. <br /> <br />15. Acceleration; Remedies. Lender shall give notice to Borrowers prior to acceleration <br />following Borrowers' breach of any covenant or agreement in this Security Instrument (but not prior <br />to acceleration under paragraphs 9 and 13). The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to <br />Borrowers, by which the default must be cured; and (d) that failure to cure the default on or before <br />the date specified in the notice may result in acceleration of the sums secured by this Security <br />Instrument and sale of the Property. The notice shall further inform Borrowers of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non-existence of a <br />default or any other defense of Borrowers to acceleration and sale. If the default is not cured on <br />or before the date specified in the notice, Lender at its option may require immediate payment in <br />full of all sums secured by this Security Instrument without further demand and may invoke the <br />power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses incurred in pursuing the remedies provided in this paragraph 15, including, <br />but not limited to, reasonable attorneys' fees and costs of title evidence. <br /> <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in <br />which any part of the Property is located and shall mail copies of such notice in the manner <br />prescribed by applicable law to Borrowers and to the other persons prescribed by applicable law. <br />After the time required by applicable law, Trustee shall give public notice of sale to the persons <br />and in the manner prescribed by applicable law. Trustee, without demand on Borrowers, shall sell <br />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. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time <br />and place of any previously scheduled sale. Lender or its designees may purchase the Property <br />at any sale. <br /> <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser 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 the sale in the <br />following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as <br />permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this <br />Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br /> <br />3 <br />