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200705500
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Last modified
6/29/2007 4:27:04 PM
Creation date
6/29/2007 4:27:03 PM
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DEEDS
Inst Number
200705500
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<br />200705500 <br /> <br />Unless Lender and Borrower otherwise agree in writing, any payments or proceeds from insurance shall not <br />extend or postpone the due date of the monthly payments provided in said note, or change the amount of the payments. <br /> <br />6. If Borrower fails to perform the covenants and agreements herein contained. Lender may do and pay for <br />whatever is necessary to protect the value of the property and Lender's rights in the property, including the paying of any <br />sum secured by a lien which has priority over this security instrument, appearing in Court, paying reasonable attorney fees <br />and entering the property to make repairs. Any amount disbursed by Lender under this paragraph shall become an <br />additional debt of Borrower secured by this security instrument, to bear interest from the date of disbursement and said <br />amount, together with the lien unpaid principal amount, shall bear interest at the highest lawful rate until refunded by <br />Borrower. <br /> <br />7. The proceeds of any condemnation award are hereby assigned and shall be paid to Lender and shall be <br />applied to the sums secured by this security instrument, whether or not then due, with any excess paid to Borrower. <br /> <br />8. Any extensions or modifications of the loan granted by Lender to any successor in interest of Borrower shall <br />not operate to release the liability of the original Borrower or Borrower's successors in interest. Any forbearance by Lender <br />in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br /> <br />9. Any notice to Borrower provided for in this security instrument shall be given by delivering it or by mailing it by <br />first class mail unless Nebraska Law requires use of another method, at the Borrower's last known address. <br /> <br />10. This security instrument and the note which it secures shall be governed by Nebraska Law. <br /> <br />11. Lender shall give notice to Borrower following Borrower's breach of any covenant or agreement in this <br />security agreement and the note which it secures. The notice shall specify (a) the default, (b) the action required to cure the <br />-.default, (c) a date not less than thirty (30) days from the date the notice is given to Borrower by which the default must be <br />cured, and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the <br />sum secured by this security agreement and resale of the property. The notice shall further inform Borrower of the right to <br />reinstate, after acceleration, and the right to bring a court action to assert the nonexistence of a default or any other defense <br />of Borrower to acceleration and sale. If default is not cured, on or before the date specified in the notice, Lender, at its <br />option, may require immediate payment in full of all sums secured by this Security agreement without further demand and <br />may invoke the power of sale and any other remedies permitted by Nebraska Law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this paragraph, including but not limited to reasonable attorney fees <br />and costs of title evidence. <br /> <br />12. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of <br />the property is located and shall mail copies of such notice in the manner prescribed by Nebraska Law. Trustee shall give <br />public notice of sale to the persons and in the manner prescribed by Nebraska Law. Trustee, without demand on Borrower, <br />shall sell the property at public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of <br />the property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may <br />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 the <br />property. The recitals In the Trustee's Deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of sale in the following order: (a) to all expenses of the sale including, but not limited to, <br />Trustee's fees as permitted by Nebraska Law and reasonable attorney fees; (b) to all sums secured by this security <br />agreement; and (c) any excess to the person or persons legally entitled to it. <br /> <br />13. Upon acceleration under Paragraph 12 or abandonment of the property, Lender (in person, by agent or by <br />judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the property and to collect the <br />rents of the property, including those past due. Any rents collected by Lender or the receiver shall be applied first to <br />payment of the costs of management of the property and collection of rents including, but not limited to, receiver's fees, <br />premiums on receiver's bonds and reasonable attorney fees, and then to the sums secured by this security instrument. <br /> <br />14. Upon payment of all sums as herein provided, Lender shall direct Trustee to reconvey the property and shall <br />surrender this security instrument and the note secured. Trustee shall reconvey the property without warranty and without <br /> <br />{L0749191.2}Woodland Park HOME DOT <br />
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