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<br />200800752 <br /> <br />as may be required by applicable law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction <br />to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more <br />parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the <br />Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's <br />designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and <br />expenses of the sale, including, but not limited to, Trustee's fees actually incurred reasonable attorneys' fees as <br />permitted by Applicable Law; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the <br />person or persons legally entitled thereto. <br /> <br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br />Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce <br />this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the <br />Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed <br />of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no <br />acceleration occurred; (b) Borrower cures all breaches of arty other covenants or agreements of Borrower corttained in <br />this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the <br />covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's <br />remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) <br />Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's <br />interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue <br />unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall <br />remain in full force and effect as ifno acceleration had occurred. <br /> <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, <br />Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under <br />paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become <br />due and payable. <br />Upon acceleration under paragraph 17 hereof 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 <br />the rents of the Property including those past due. All 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 <br />fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of <br />Trust. Lender and the receiver shall be liable to account only for those rents actually received. <br /> <br />20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this <br />Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or <br />persons legally entitled thereto. Such person or persons shall pay all costs of recordation, ifany. <br /> <br />21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of <br />Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and <br />duties conferred upon the Trustee herein and by applicable law. <br /> <br />22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to <br />Borrower's address which is the Property Address. <br /> <br />REQUEST FOR NOTICE OF DEFAULT <br />AND FORECLOSURE UNDER SUPERIOR <br />MORTGAGES OR DEEDS OF TRUST <br /> <br />NEBRASKA - Second Mortgage - 1/80 - FNMAlFHLMC UNIFORM INSTRUMENT <br /> <br />VMP-76(NE) (0509) <br /> <br />Page 5 of 6 <br /> <br />Form 3828 <br />Amended 7/04 <br /> <br />Borrower(s) Initials ~ )jJj. <br />