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20050007 <br />Loan No.:00004 -24183 <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or <br />some part thereof 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 lapse of such time as may be required by applicable <br />law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, <br />without 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 such order as Trustee may determine. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any <br />previously scheduled sale. Lender or Lender's 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 <br />Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of <br />the sale, including, but not limited to, Trustee's fees actually incurred of not more than fifty dollars or one -half of one <br />percent of the gross sale price, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed <br />of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. <br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br />Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed <br />of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the <br />power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays <br />Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower <br />cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all <br />reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this <br />Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited <br />to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of <br />this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust <br />shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby <br />shall remain in full force and effect as if no acceleration had occurred. <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, <br />Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under <br />paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and <br />payable. <br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by <br />judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents <br />of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the <br />costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on <br />receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver <br />shall be liable to account only for those rents actually received. <br />20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Deed of Trust and all notes evidencing debt secured by this Deed of Trust to <br />Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled <br />to it. Such person or persons shall pay any recordation costs. <br />21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. <br />Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the <br />Trustee herein and by applicable law. <br />22. Riders. The following riders are to be executed by Borrower: <br />PREPAYMENT RIDER TO SECURITY INST ATTACHED HERETO AND MADE A PART <br />HEREOF. <br />NEBRASKA - SECOND MORTGAGE Form Filled Using DOCMagic® <br />02004 Middleberg, Riddle & Gianna 800- 649 -1362 www.docmagic.com 1/04 (Page 4 of 5 Pages) <br />