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<br />200703111 <br /> <br />action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the <br />default Is not cured on or before the date specified in the notice, lender at its option may require immediate <br />payment In full of all sums secured by this Security Instrument without further demand and may invoke the power <br />of sale and any other remedies permitted by Applicable law. lender shall be entitled to collect all expenses <br />incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' <br />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 which any part of the <br />Property is located and shall mall copies of such notice in the manner prescribed by Applicable law to Borrower <br />and to the other persons prescribed by Applicable law, After the time required by Applicable law, Trustee shall <br />give public notice of sale to the persons and in the manner prescribed by Applicable law. Trustee, without <br />demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and <br />under the terms 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 and place and <br />under the terms 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 and place of <br />any previously scheduled sale, lender or its designee may purchase the Property at any sale, <br /> <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the trust of the statements made <br />therein, Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of <br />exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and <br />reasonable attorneys' feeS as permitted by Applicable law; (b) to all sums secured by this Security Instrument; <br />and (c) any excess to the person or persons legally entitled to it. <br /> <br />23. 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 Instrument <br />to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if <br />the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee IS permitted under Applicable <br />Law. <br /> <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any <br />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 and <br />by Applicable Law. <br /> <br />25, Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br /> <br />BY SIGNING BELOW, Borrower accepts and agrees to the termzz. ovenants contained in..this Security Instrument and in <br />any ~~ exec"ed by Borrower and recorded w,h ,. 2% (f!i6 <br /> <br />;~ tf) d~~ (Seal)1~ I . 1'1::C.~ (Seal) <br />T ERR Y . 0 T T MAN -Borrower . ANN E. 0 T T MAN .Borrower <br /> <br />(Seal) <br />.Borrower <br /> <br />(Seal) <br />.Borrower <br /> <br />[Space Below This Line For Acknowledgment] <br /> <br />STATE OF <br /> <br />NEBRASKA <br /> <br />) <br />) SS: <br />) <br /> <br />COUNTY OF B U F F A L 0 <br /> <br />I, ~\}Jv qL';':'{tJ ~~~th <br /> <br />TERRY D. OTTMAN AND ANN <br /> <br />a Notary Public in and for said county and state, do hereby certify that <br />E. OTTMAN, AS HUSBAND AND WIFE <br /> <br />personally appeared before me and is (are) <br />known to me to be the person(s) who, being informed of the contents of the foregoing instrument have executed same, an~ <br />acknowledged said instrument to be his, her or their, free and voluntary act and deed and that he, she or they executed said <br />instrument for the purposes and uses therein set forth. <br /> <br />My Commission Expires: <br /> <br />GENERAL NOTARY. State of Ne <br />CINDY MUHLBACH <br />My Comm. Exp. May 21, 2010 <br /> <br /> <br />(Seal) <br /> <br />Witness my hand and official seal this 9 T H <br /> <br />day of <br /> <br />NEBRASKA-6lngle Family-Fannie MaeIFreddh, Mac UNIFORM STATEMENT <br />3028 NE DOT 01101 P07 <br /> <br />Form 3028 1/01 (pag" 7 of 7 pages) <br />