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<br />200900405 <br /> <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any <br />part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable <br />law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable <br />law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. <br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the <br />time and place and under the terms designated in the notice of sale in one or more parcels and in any order <br />Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement <br />at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at <br />any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs <br />and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually <br />incurred and reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person 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 9, the Secretary may invoke the nonjudicial power of <br />sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. ~ 3751 ~ ~.) by <br />requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the <br />Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights <br />otherwise available to a Lender under this Paragraph 18 or applicable law. <br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured <br />by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or <br />persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such <br />person or persons a tee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) <br />for services rendered and the charging of the fee is permitted under applicable law. <br />20. Substitute Trustee. Lender, at its 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 Security <br />Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title. <br />power and duties conferred upon Trustee herein and by applicable law. <br />21. Request for Notices. Borrower for himself or hersel f and for each party hereto hereby requests a copy <br />of any notice of default and a copy of any notice of sale hereunder be mailed to them at the applicable addresses <br />provided above. <br />22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded <br />together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into <br />and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a <br />part of this Security Instrument. <br />[Check applicable box(es)] <br /> <br />D Condominium Rider <br />D Planned Unit Development Rider <br />D Other [specify] <br /> <br />D Graduated Payment Rider <br />D Growing Equity Rider <br /> <br />The following signature(s) and acknowledgment(s) are incorporated into and made a part of this Nebraska <br />Deed of Trust dated November 26, 2008 between BETH SHECKLER, a single person and .JESSE FRANCIS, a <br /> <br />Nebraska Deed of Trust <br />FilA MIeRS Modified <br />The Compliance Source, Inc. <br />www.complianccsource.com <br /> <br />Closinll <br /> <br />Page 7 ofS <br /> <br />5430lNE 02/02 Rev. 04/0S <br />1()2002, The Compliance Source, Inc. <br /> <br />11111111111111111111111111111111111111111111111111 <br />1 1 190 7 1 204 <br />