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200901416
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Last modified
2/25/2009 4:48:56 PM
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2/25/2009 4:48:55 PM
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DEEDS
Inst Number
200901416
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<br />200901416 <br /> <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach <br />to Borrower. Howcvcr, Lcnder or a judicially appointcd receiver may do so at any time there is a breach. Any application of <br />rents shall not cure or waive any default or invalidate any other right or rcmcdy of Lcnder. This assignment of rents of the <br />Property shall terminatc when the debt sccured by thc Security Instrument is paid in fulL <br />18. Foreclosure Procedure. If Lender requires immediate payment in fullundcr paragraph 9, Lender may invoke the powcr <br />of salc and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurrcd in pursuing thc <br />remedies provided in this paragraph 18, including, but not limited to, rcasonablc attorncys' fces 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 any part of the Property is <br />located and shall mail copies of such notice in the manner prcscribed by applicable law to Borrower and to the other persons <br />prescribed by applicable law. After the time required by applicablc law, Trustcc, shall givc public notice of sale to the persons <br />and in the manner prescribed by applicable law. Trustec, without demand on Borrower, shall sell the Property at public auction <br />to the highest bidder at the time and place and under the terms designated in thc noticc of sale in onc or more parcels and in any <br />order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at thc timc <br />and place of any prcviously 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 deed conveying the Property. <br />The recitals in the Trustee's deed shall be prima facie evidcnee of the truth of the statements made therein. Trustee shall apply <br />the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, <br />including the payment of thc Trustee's tees actually incurred and reasonable attorneys' fees as permitted by applicable law; <br />(b) to all sums secured by this Security 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 requircs immediatc payment <br />in full under paragraph 9, the Secretary may invokc thc nonjudicial power of sale provided in the Single Family Mortgage <br />Foreclosure Act of ]994 ("Act") (12 U.S.c. 375] et seq.) by requesting a forcclosurc commissioner designated undcr thc Act <br />to commence foreclosure and to sell the Property as provided in the Act. Nothing in thc preccding sentcnce shall deprivc thc <br />Secretary of any rights otherwise available to a Lender undcr this paragraph 18 or applicable law. <br />19. Reconveyance. Upon payment of all sums secured by this Sccurity Instrument, Lender shall request Trustcc to <br />rcconvey the Property and shall surrender this Security Instrument and all notes cvidencing dcbt secured by this Sccurity <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty to thc person or pcrsons Icgally entitled to it. Such <br />person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the <br />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 <br />permitted under applicable law. <br />20. Substitute Trustee. Lcnder, at its option, may from time to time remove Trustee and appoint a successor trustee to <br />any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. <br />Without conveyance of the Property, the successor trustcc shall succeed to all the title, power and duties conferred upon <br />Trustee hcrcin and by applicable law. <br />21. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address <br />which is the Property address. <br />22. Riders to this Security Instrument. If one or more riders arc cxceutcd by Borrowcr and recorded together with this <br />Security Instrument, the covenants of cach such rider shall be incorporated into and shall amend and supplement the covenants <br />and agrecmcnts of this Security Instrument as if the rider(s) were a part of this Security Instrument. <br />[Check applicable box(es)] <br /> <br />D Condominium Rider <br /> <br />D Graduated Paymcnt Rider <br /> <br />D Growing Equity Rider <br /> <br />D Planned Unit Devclopment Rider <br /> <br />D Adjustable Rate Rider <br /> <br />D Rehabilitation Loan Ridcr <br /> <br />D Non-Owner Occupancy Rider <br /> <br />D Other [Specify] <br /> <br />NEBRASKA FHA DEE)) OF TRUST <br />MERS <br />ITEM 2696L6 (0709) <br /> <br />GreatDocs TM <br />(Page 6 of 7) <br />
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