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200906135
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7/27/2009 3:32:34 PM
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7/27/2009 3:32:33 PM
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DEEDS
Inst Number
200906135
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,. a~ r" .~ w' ~ O O tJ 0~ i V V ~~ <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 pr 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 casts of ti#le evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any parr 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 mare parcels and in any order Trustee determines. Trustee may postpone <br />sale of all ar 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 fnllnwing 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 parsons legally entitled tp 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 f3orrower's address which is the <br />Property Address. <br />8Y SIGNING BELQW, 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: <br />~- (Seal) <br />John VEberly -Borrower <br />UVt-~ ) (Seal) <br />Jamie DEberly -Borrower <br />_ -, _- . - -- Space Below This Line For F,cknowledgment] <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF N~ra51~~ <br />-ss <br />COUNTY OF ~ / ~ r 1 <br />On this day before me, the undersigned Notary Public, personally appeared John V Eberly and Jamie D Eberly, 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 bead of Trust as <br />their free and voluntary act and deed, for the uses and pu~r/pos s therein mentioned. /' J <br />Given under my hand and official seal this p~`t"~ day of ~U-r , 20~. <br />By <br />~-tAp1.NOTARY - State ~ Nebraska Notary Public in an or the State of <br />i~ AUUR~Y 4 VAUGI'1T Residing at Q ~. <br />Myl~mm.F~.~9u~21,2~10 My commission expires <br />,_;•; <br />LASER PRO Lending, Ver. 5.45.00.004 _ Copr. Harland Finanoial_ Solutions, In9.- -1997, 20Q9,- All _ R~hts Reserv@d_. - NE <br />G:\LASERPRO\CFI\LPL\G04.FC TR-46456 Pfi-81 <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Parm 3028 1101 <br />Page 6 of 6 <br />
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