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<br />200702381 <br /> <br />'.. <br /> <br />Loan No.: 0001162315 <br /> <br />4. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by <br />delivcring it or by mailing it by first class mail unless applicable law requires use of another method. '('he <br />notice shall be directed to the Propcrty Address or any othcr addrcss Horrower designates by notice to <br />Lender Any notice to Lcndcr shall be given by first class mail to: Department ofIIousing and Urban <br />Dcvelopment, Attention: Single I'amily Notes Branch, 451 Seventh Street, SW, Washington, DC 20410 or <br />any address Lcnder designates by notice to Borrower Any notice provided for in this Sccurity Instrument <br />shall be deemed to have bcen given to Borrower or Lender when given as provided in this Paragraph. <br />5. Governing Law; Severability This Security Instmment shall be governed by r'ederallaw and <br />the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this <br />Sccurity Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions <br />of this Security Instnnnent or thc Note which can be given dfect without the cont1icting provision. To this <br />end thc provisions of this Security Instmment and the Note are declarcd to be severable. <br />0. Borrower's Copy. Borrower shall be given one conformcd copy of the Note and of this <br />Security Instnnnent. <br /> <br />NON-UNIFORM COVENANTS. Borrowcr and Lender further covcnant and agree as follows: <br /> <br />7. Acceleration; Remedies. Lender shall give notice to Horrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Sccurity InstmmenL The noticc shall specify: (a) <br />the default; (b) the action required to cure thc default; (c) a date, notlcss than 30 days from the datc the <br />notice is givcn to Borrower, by which the default must be cured; and (d) that failure to cure the default on <br />or before the date spccified in the notice may result in acceleration of the sums sccured by this Security <br />Instmment and sale of thc Property. The notice shall flllihcr inform Horrower of the right to rcinstate after <br />acccleration and the right to bring a court action to assert thc non-cxistence of a default or any other <br />defensc of Horrower to acceleration and sale. If the default is not cured on or before the date specified in <br />the notice, Lcnder at its option may require immediate payment in full of all sums secured by this Security <br />Instrument without further demand and may invoke the power of sale and any other remedies pennitted by <br />applicable law. Lcndcr shall be entitled to collect all expenses incurred in pursuing thc remcdies provided <br />in this paragraph 7, including, but not limited to, reasonable attorneys' fees and cost of title evidence. <br />If Lender invokes the power of sale, Lender or Trustcc shall mail copies of a notice of sale in the <br />manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. <br />Trustee shall give notice of sale by public advertisement for the tinle and in the manner prescribed by <br />applicable law. Trustee, without demand on BOlTower, shall sell the Property at public auction to the <br />highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or <br />more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the <br />PropeJiy to any later time on the same datc by public announcement at thc time and place of any previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Trustee shall deliver to the purChaser Trustee's deed conveying the Propeliy without any <br />covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie <br />evidence of the truth of the stalements 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, reasonable Trustee's <br />and attorneys' fees; (b) to all sums secured by this Security Instrumcnt; and (c) any excess to the person <br />or persons legally entitled to it. <br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary <br />requircs immediate payment in full under Paragraph 7 of the Subordinatc Note, the Secretary may invoke <br />the nonjudicial power of sale provided in the Single Family Mortgage foreclosure Act of 1994 C^ct") (12 <br />U.S.c. 3751 et seq.) by requesting a foreclosure cOlnmissioner designated under the ^ct to commcnce <br />foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive <br />the Sccretary of any rights otherwise available to a Lender under this Paragraph or applicable law. <br />R. Release. Upon payment of all sums secured by this Security Instnunent, Lender shall request that <br />Trustee release this Security Instrument to Borrower. Borrower shall pay any recordation costs. Lender <br /> <br />....- --.- <br />NEBRASKA SU130RDINATE DEED OF TRUST <br /> <br />PAGE30F5 <br />