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200900560
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Last modified
1/29/2009 1:08:29 PM
Creation date
1/29/2009 1:08:28 PM
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DEEDS
Inst Number
200900560
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<br />200900560 <br /> <br />payment in full of all sums secured by this Security Instrument and may invoke any <br />remedies permitted by paragraph 15. <br /> <br />If Lenders exercise this option, Lenders shall take the steps specified in the second <br />paragraph of paragraph 13. <br /> <br />10. Notices. Any notice to Borrowers provided for in this Security Instrument shall <br />be given by delivering it or by mailing it by first class mail unless applicable law requires <br />use of another method. The notice shall be directed to the Property address or any other <br />address Borrowers designate by notice to Lenders. Any notice to Lenders shall be given <br />by first class mail to Lenders' address stated herein or any other address Lenders <br />designate by notice to Borrowers. Any notice provided for in this Security Instrument shall <br />be deemed to have been given to Borrowers or Lenders when given as provided in this <br />paragraph. <br /> <br />11. Governing Law; Severability. This Security Instrument shall be governed by <br />the law of the State of Nebraska. In the event that any provision or clause of this Security <br />Instrument or the Note conflicts with applicable law, such conflict shall not affect other <br />provisions of this Security Instrument or the Note which can be given effect without the <br />conflicting provision. To this end the provisions of this Security instrument and the Note <br />are declared to be severable. <br /> <br />12. Borrower's Copy. Borrowers shall be given one conformed copy of the Note <br />and of this Deed of Trust. <br /> <br />13. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part <br />of the Property or any interest in it is sold or transferred (or if a beneficial interest in the <br />Borrowers is sold or transferred and the new Borrower is not a natural person) without <br />Lenders' prior written consent, Lenders may, at their option, require immediate payment <br />in full of all sums secured by this Deed of Trust. <br /> <br />If Lenders exercise this option, Lenders shall give Borrowers notice of <br />acceleration. The notice shall provide a period of not less than 30 days from the date the <br />notice is delivered or mailed within which Borrowers must pay all sums secured by this <br />Security Instrument. If Borrowers fail to pay these sums prior to the expiration of this <br />period, Lenders may invoke any remedies permitted by this Security Instrument without <br />further notice or demand on Borrowers. <br /> <br />14. Borrower's Right to Reinstate. If Borrowers meet certain conditions, Borrowers <br />shall have the right to have enforcement of this Security Instrument discontinued at any <br />time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify <br />for reinstatement) before sale of the Property pursuant to any power of sale contained in <br />this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. <br />Those conditions are that Borrowers: (a) pay Lenders all sums which then would be due <br />under this Security Instrument and the Note had no acceleration occurred; (b) cure any <br />default of any other covenants or agreements; (c) pay all expenses incurred in enforcing <br />this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) <br />take such action as Lenders may reasonably require to assure that the lien of this Security <br />Instrument, Lenders' rights in the Property and Borrowers' obligation to pay the sums <br />secured by this Security Instrument, shall continue unchanged. Upon reinstatement by <br />Borrowers, this Security Instrument and the obligations secured hereby shall remain fully <br />effective as if no acceleration had occurred. However, this right to reinstate shall not apply <br />in the case of acceleration. <br /> <br />15. Acceleration; Remedies. Lenders shall give notice to Borrowers prior to <br />acceleration following Borrowers' breach of any covenant or agreement in this Security <br />Instrument (but not prior to acceleration under paragraphs 9 and 13). The notice shall <br />specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than <br />30 days from the date the notice is given to Borrowers, by which the default must be cured; <br />and (d) that failure to cure the default on or before the date specified in the notice may <br />result in acceleration of the sums secured by this Security Instrument and sale of the <br />Property. The notice shall further inform Borrowers of the right to reinstate after <br />acceleration and the right to bring a court action to assert the non-existence of a default <br />or any other defense of Borrowers to acceleration and sale. If the default is not cured on <br />or before the date specified in the notice, Lenders at their option may require immediate <br />payment in full of all sums secured by this Security Instrument without further demand and <br />may invoke the power of sale and any other remedies permitted by appl icable law. Lenders <br />shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />paragraph 15, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br /> <br />3 <br />
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