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200903027
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4/22/2009 2:09:17 PM
Creation date
4/22/2009 2:01:47 PM
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DEEDS
Inst Number
200903027
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<br /> <br /> 200903027 <br /> given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice <br /> may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform <br /> Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any <br /> other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its <br /> option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the <br /> power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the <br /> remedies provided in this Section 22, including, but not limited to, 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 any part of the Property is located and <br /> shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable <br /> Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br /> Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place <br /> and under the terms designated in the 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 previously scheduled sale. Lender or its <br /> 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. The recitals in <br /> the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale <br /> in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's <br /> fees actually incurred and 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 /> 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the <br /> Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee <br /> shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br /> recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party <br /> (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. <br /> 24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee <br /> appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded, Without conveyance of the <br /> Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law, <br /> 25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address which is the <br /> Property Address, <br /> BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider <br /> executed by Borrower and recorded with it. <br /> Witnesses: ~J <br /> (Seal) <br /> Ian W Brax - Borrower <br /> (Seal) <br /> Cheryl L Brax - Borrower <br /> [Space Below This Line For Acknowledgment] <br /> INDIVIDUAL ACKNOWLEDGMENT <br /> STATE OF <br /> ) SS <br /> COUNTY OF ) <br /> On this day before me, the undersigned Notary Public, personally appeared Allan W Brax and Cheryl L Brax, Husband and Wife, to me <br /> known to be the individuals described in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as <br /> their free and voluntary act and deed, for the uses and purposes therein menti ned. <br /> Given under my hand and official seal this day of l 20 <br /> C~ <br /> Notary Public in and for the State of V_ ee Cti°yt <br /> -dEMANS Residing at <br /> ~ MS My commission expires Lc6I _zc)1 <br /> <br /> <br /> LASER PRO Lending, Ver. 5.44.00.002 Copr, Harland Financial Solutions, Inc. 1997, 2009. All Rights Reserved. - NE <br /> G:\LASERPRO\CFI\LPL\G04.FC TR-44414 PR-61 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br /> Page 6 of 6 <br />
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