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;,J ;: ~.: f 1;,' j~' 200805338 23. court action to assert the non-e~istence of a default or any other defense of Borrower to acceleration and sale. If the defa~1t is not cured on or before the date specified in the notice, Lender at its option may require iptmediate payment in full of all sums secured by this Security Instrument without further dema~d and may invoke th.e power of sale and any other remedies permitted by Applicable Law. To the extent permitted by law, Lender shall be entitled to collect all expenses Incurred in pursulngl the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' f~es 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 mail copies of such notice in the manner prescribed by Applicable Law to Borrowera:nd to the other persons prescribed by Applicable Law. After the time required by Applicable 41w, 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 of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. . Upon receipt of payment of the pljice bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitllls in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to aU 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 tp it. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. I Substitute Trustee. Lender, at its loption, may from time to time remove Trustee and appoint a successor trustee to any Trustee appqinted hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address which is the Property Address. 24. 25. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in all pages of this Security Instrument and i any rider(s) executed by Borrower and recorded with it. t INDnnDUALACKNOWLEDGMENT STATE OF NEBRASKA ) ) COUNTY OF HALL ) My commission GENERAL NOTARY-Slale of Nebraska JOSEPH E. GRABOWSKI Comm. Exp. Dec. 29, 20[)9 (Official Seal) THIS INSTRUMENT PREPARED BY: Pathway Bank 31il6 S. High St. Cairo, NE 68824 AFTER RECORDING RETURN TO: Pathway Bank PO Box 428 Cairo, NE 68824 02004-2007 C'I'Yl'i9h. Compli.n.. Sy...ms. In.. CD6i:l.6S8A . 2007.10.173 S.in Iel'.mil R..IEstot.. S..udt I.stromen. DI.2047 r. .100fl Initials WW'W,Qorn.plinncesystems.cOIl\ 800.968.8522 . I'ax 616.956.lj