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<br />200710573 <br /> <br />Unless Lender and Borrower otherwise agree in writing, any payments or <br />proceeds from insurance shall not extend or postpone the due date of the monthly <br />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, <br />Lender may do and pay for whatever is necessary to protect the value of the property <br />and Lender's rights in the property, including the paying of any sum secured by a lien <br />which has priority over this security instrument, appearing in Court, paying reasonable <br />attorney fees and entering the property to make repairs. Any amount disbursed by <br />Lender under this paragraph shall become an additional debt of Borrower secured by <br />this security instrument, to bear interest from the date of disbursement and said amount, <br />together with the then unpaid principal amount, shall bear interest at the highest lawful <br />rate until refunded by Borrower. <br /> <br />7. The proceeds of any condemnation award are hereby assigned and shall be <br />paid to Lender and shall be applied to the sums secured by this security instrument, <br />whether or not then due, with any excess paid to Borrower. The Lender shall have the <br />right to appear, contest, settle and compromise such proceedings in the name of <br />Borrower. <br /> <br />8. Any extensions or modifications of the loan granted by Lender to any <br />successor in interest of Borrower shall not operate to release the liability of the original <br />Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising <br />any right or remedy shall not be a waiver of or preclude the exercise of any right or <br />remedy. <br /> <br />9. Any notice to Borrower provided for in this security instrument shall be given <br />by delivering it or by mailing it by first class mail unless Nebraska Law requires use of <br />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 <br />Nebraska Law. <br /> <br />11. Lender shall give notice to Borrower following Borrower's breach of any <br />covenant or agreement in this security agreement and the Note which it secures. The <br />notice shall specify (a) the default, (b) the action required to cure the default, (c) a date <br />not less than 30 days from the date the notice is given to Borrower by which the default <br />must be cured, and (d) that failure to cure the default on or before the date specified in <br />the notice may result in acceleration of the sum secured by this security agreement and <br />resale of the property. The notice shall further inform Borrower of the right to reinstate, <br />atter acceleration, and the right to bring a court action to assert the nonexistence of a <br />default or any other defense of Borrower to acceleration and sale. If default is not <br />cured, on or before the date specified in the notice, Lender, at Lender's option, may <br />require immediate payment in full of all sums secured by this security agreement <br />without further demand and may invoke the power of sale and any other remedies <br />permitted by Nebraska Law. Lender shall be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this paragraph, including but not limited to <br />reasonable attorney fees and costs of title evidence. <br /> <br />12. If the power of sale is invoked, Trustee shall record a notice of default in each <br />county in which any part of the property is located and shall mail copies of such notice <br />in the manner prescribed by Nebraska Law. Trustee shall give public notice of sale to <br />the persons and in the manner prescribed by Nebraska Law. Trustee, without demand <br />on Borrower, shall sell the property at public auction to the highest bidder at the time <br />and place and under the terms designated in the notice of sale in one or more parcels <br />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 <br />sale. Lender or Lender's designee may purchase the property at any sale. <br /> <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser <br />Trustee's Deed conveying the property. The recitals in the Trustee's Deed shall be <br />prima facie evidence of the truth of the statements made therein. Trustee shall apply <br />