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<br />200704025 <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 mail 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 />(Seal) <br />-Borrower <br /> <br /> <br />(Seal) <br />-Borrower <br /> <br /> <br />ELOW, Borrower accepts and agrees to the terms and covenants containe <br />Borrower and recorded with it. <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 />COUNTY OF <br /> <br />HALL <br /> <br />) <br />) SS: <br />) <br /> <br />I, H 0 L L Y THE I S a Notary Public in and for said county and state, do hereby certify that <br />FRAZER RAFFAELI AND JENNAH RAFFAELI, 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, and <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 lor the purposes and uses therein set forth. <br /> <br />Witness my hand and official seal this 1 5 T H <br /> <br />day of <br /> <br />MAY 2 007 <br />~ <br /> <br />(Seal) <br /> <br />My Commission Expires: /~. :J.7-;).C([j <br /> <br />~/ <br /> <br />"..' <br />---.. <br /> <br /> " GENERAL NOTARY. State of Nebraska <br /> 11 HOLLY THEIS <br />7'! .t'<o;: My Comm. Exp. Oct. 27, 2008 <br /> <br />NEBRASKA-Slngl. F.mlly-Fennle Me8lFreddle Mac UNIFORM STATEMENT <br />3028 NE DOT 01/01 PG7 <br /> <br />Form 3028 1/01 (page 7 of 7 peges) <br />