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200809604
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11/20/2008 4:20:40 PM
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11/20/2008 4:20:40 PM
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DEEDS
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200809604
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<br />200809604 <br /> <br />501527482 <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />7. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument. The notice shall specify: <br />(a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from <br />the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to <br />cure the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower <br />ofthe right to reinstate after acceleration and the right to bring a court action to assert the non-existence <br />of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on <br />or 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 of <br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section 7, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed <br />by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the <br />time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the <br />manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property <br />at public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone <br />sale of all or any parcel of the Property by public announcement at the time and place of any <br />previously scheduled sale. Lender or its 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 <br />deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following <br />order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the <br />payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by <br />Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person <br />or persons legally entitled to it. <br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary <br />requires immediate payment in full under Paragraph 7 of the Subordinate Note, the Secretary may <br />invoke the non-judicial power of sale provided in the Single Family Mortgage Foreclosure Act of <br />1994 ("Act") (12 U.S.C. 3751 et seq,) by requesting a foreclosure commissioner designated under <br />the Act to commence foreclosure and to sell the Property as provided by the Act. Nothing in the <br />preceding sentence shall deprive the Secretary of any rights otherwise available to Lender under this <br />paragraph or applicable law. <br />8. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without <br />warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation <br />costs. <br />9. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint <br />a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this <br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to <br />all the title, power and duties conferred upon Trustee herein and by Applicable Law. <br />10. Request for Notices. Borrower requests that copies of the notice of default and sale be sent <br />to Borrower's address which is the Property Address. <br /> <br />Nebraska Subordinate Deed of Trusl <br />FAND# NESSI-4 Rev. 08-18-03 <br /> <br />Page 4 <br />
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