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<br />200901981 <br /> <br />action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the <br />default is not cured on or before the date specified In the notice, Lender at its option may require immediate <br />payment In full of all sums secured by this Security Instrument without further demand and may invoke the power <br />of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses <br />Incurred In pursuing the remedies provided In this Section 22, including, but not limited to, reasonable attorneys' <br />fees and costs of title evidence. <br /> <br />If the power of sale is Invoked, Trustee shall record a notice of default In each county in which any part of the <br />Property is located and shall mail copies of such notice In the manner prescribed by Applicable Law to Borrower <br />and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall <br />give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without <br />demand on Borrower, shall sell the Property at pUblic auction to the highest bidder at the time and place and <br />under the terms designated in the notice of sale In one or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place and <br />under the terms designated In the notice of sale In one or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of <br />any previously scheduled sale. Lender or Its designee may purchase the Property at any sale. <br /> <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the trust of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of <br />exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and <br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; <br />and (c) any excess to the person or persons legally entitled to it. <br /> <br />23. Reconveyance. Upon payment of all sums seoured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Seourity Instrument and all notes evidencing debt seoured by this Security Instrument <br />to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs. Lender may charge suoh person or persons a fee for reoonveying the Property, but only if <br />the fee is paid to a third party (such as the Trustee) for services rendered and the oharging of the fee IS perm~ted under Applioable <br />Law <br /> <br />24. Substitute Trustee. Lender, at ~s option, may from time to time remove Trustee and appoint a successor trustee to any <br />Trustee appointed hereunder by an instrument recorded in the county In which this Seourity Instrument is recorded. W~hout <br />conveyanoe of the Property. the successor trustee shall succeed to all the tttle, power and duties conferred upon Trustee herein and <br />by Applicable Law. <br /> <br />25. 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 /> <br />BY SIGNING BELOW, Borrower aooepts and agrees to the terms and covenants contained in this Security Instrument and In <br />any Rider executed by Borr~wer and recorded with ~- f).. ~. <br /> <br />-tV1 o.J- ^.?VI JL (Seal) -----I1J: 'hU _ _ (Seal) <br />MARKT A MIL L E Rl -Borrower R ENE E J MIL E R -Borrower <br /> <br />(Seal) <br />-Borrower <br /> <br />(Seal) <br />-Borrower <br /> <br />[Space Below This Line For Acknowledgment] <br /> <br />STATE OF <br /> <br />NEBRASKA <br /> <br />COUNTY OF <br /> <br />HALL <br /> <br />) <br />) SS: <br />) <br /> <br />I, H 0 L L Y THE I S a Notary Public in and for said county and state, do hereby certify that <br />MARK A MILL~R AND RENEE J MILLER. AS HUSBAND AND WIFE <br /> <br />personally appeared before me and is (are) <br />known to me to be the person(s) who, being informed of the contents of the foregoing Instrument have executed same, and <br />acknowledged said instrument to be his, her or their, free and voluntary act and deed and that he, she or they executed said <br />instrument for the purposes and uses therein set forth. <br /> <br />Witness my hand and official seal this lOT H <br /> <br />day of MAR C H20 0 9 <br /> <br />~ -------~;",,) <br />---- <br /> <br />My Commission Expires: <br />GENBW. NOTARY - Stat. of N.... <br />HOLLY THEIS <br />Comm. ex,. Oct. 27. 2012 <br /> <br /> <br />NEBRASKA-lllngle F..mlly-....nnl., M..elFreddi= M.." UNIFORM STATe:Me:NT <br />3028 NE DOT 011C1 PG7 <br /> <br />Form 3028 1/01 (p..g., 7 of 7 pcllI"") <br />