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<br />200804394 <br /> <br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the <br />earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before <br />sale of the Property pursuant to any power of sale contained in this Security I nstrument; or (b) entry <br />of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pay <br />Lender all sums which then would be due under this Security Instrument and the Note had no <br />acceleration occurred; (b) cure any default of any other covenants or agreements; (c) pay all <br />expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable <br />attorneys' fees; and (d) take such action as Lender may reasonably require to assure that the lien <br />of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the <br />sums secured by this Security Instrument, shall continue unchanged. Upon reinstatement by <br />Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective <br />as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of <br />acceleration. <br /> <br />15. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior <br />to acceleration under paragraphs 9 and 13). The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to <br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or before <br />the date specified in the notice may result in acceleration of the sums secured by this Security <br />Instrument and sale of the Property. The notice shall further infonn Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non-existence of a <br />default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in full <br />of all sums secured by this Security Instrument without further demand and may invoke the power <br />of sale and any other remedies pennitted by applicable law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this paragraph 15, including, but not limited <br />to, reasonable attorneys' 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 <br />which any part of the Property is located and shall mail copies of such notice in the manner <br />prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. <br />After the time required by applicable law, Trustee shall give public notice of sale to the persons and <br />in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public auction to the highest bidder at the time and place and under the terms <br />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 <br />and place of any previously scheduled sale. Lender or its designees may purchase the Property <br />at any sale. <br /> <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's <br />deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of <br />the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the <br />following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as <br />permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons legally entitled to it. <br /> <br />16. Lender in Possession. Upon acceleration under paragraph 15 or abandonment of the <br />Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter <br />upon, take possession of and manage the Property and to collect the rents of the Property <br />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 <br />limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then <br />to the sums secured by this Security Instrument. <br /> <br />17. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender <br />shall request Trustee to reconvey the Property and shall surrender this Secunty Instrument and all <br />notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the <br />Property without warranty and without charge to the person or persons legally entitled to it. Such <br />person or persons shall pay any recording costs. <br /> <br />18. Substitute Trustee. Lender, at its option, may from time to time remove the Trustee <br />and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded <br />in the county in which this Security Instrument is recorded. Without conveyance of the Property, <br />the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein <br />and by applicable law. <br />19. Request for Notices. Borrower requests that copies of the notices of default and sale <br />be sent to Borrower's address which is 2474 6th Ave., Boelus, NE 68820. <br /> <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained <br />in this Deed of Trust. <br />.~~ <br />Todd Nits~drrower <br /> <br />@' , <br />Llu_ '1J J.-, <br />Juli itsch, Borro~ '-- <br />3 <br />