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200804685 action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, lender at Its option may require Immediate payment In full of all sums secured by this Security Instrument without further demand and may Invoke the power of sale and any other remedies permitted by Applicable law. lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mall copies of such notice in the manner prescribed by Applicable law to Borrower and to the other persons prescribed by Applicable law. After the time required by Applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale In one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. lender or Its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the trust of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually Incurred and reasonable attorneys' fees as permitted by Applicable law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Seourity Instrument and all notes evidenoing debt seoured by this Seourity Instrument to Trustee. Trustee shall reoonvey the Property without warranty to the person or persons legally entitled to it. Suoh person or persons shall pay any recordation oosts. Lender may oharge suoh person or persons a fee for reoonveying the Property, but only if the fee is paid to a third party (suoh as the Trustee) for servioes rendered and the oharging of the fee IS permitted under Applioable Law. 24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument reoorded in the county in whioh this Seourity Instrument is reoorded. Without conveyanoe of the Property, the suooessor trustee shall suooeed to all the title, power and duties oonferred upon Trustee herein and by Applioable Law. 25. Request for Notices. Borrower requests that oopies of the notioe of default and sale be sent to Borrower's address whioh is the Property Address. BY SIGNING BELOW, Borrower aooepts and agrees to the terms and _oovenants oontained in this Seourity Instrument and in any Rider exeo~ed ~Borrower and recorde~~_.,_. a /'" /l k ~_ _~ " (Seal) /1JJ.o.1.1, >(.-~ " (Seal) I N . 0 BAR N E S -Borrower A L ICE A BAR N E S -Borrower (Seal) -Borrower (Seal) -Borrower [Space Below This Line For Acknowledgment] COUNTY OF HALL ) ) SS: ) STATE OF NEBRASKA I HaL L Y THE I S a Notary Publio in and for said oounty and state, do hereby oertify that DARWIN 0 BARNES AND ALICE A BARNES, AS HUSBAND AND WIFE personally appeared before me and is (are) known to me to be the person(s) who, being informed of the oontents of the foregoing instrument have exeouted same, an~ aoknowledged said instrument to be his, her or their, free and voluntary aot and deed and that he, she or they exeouted said instrument for the purposes and uses therein set forth. Witness my hand and offioial seal this 2 3 R D day of MAY 2 0 0 8 ____________- - j/\-.'1,7-'1A1\S? ~~~ My Commission Expires: u r7 V"u...AJ ~ J GENERAL NOTARY. State of Nebraska HOLLY n-tEIS My Comm. Exp. Oct. 27, 2008 (Seal) NEBRASKA-Slngle Family-Fannie Maa/Freddle Mec UNIFORM STATEMENT 3028 NE DOT 01101 pa7 Form 3028 1/01 (page 7 of 7 p..g"")