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20007784 action to assert the non-tsxistence of a default or any other defense of Borrower to acceteratlon and sale. If the default Is not cured on or before the date speclNed In the notice, Lender at Its option may require immediate payment In full of ell sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lander shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 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 shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other pervaons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines, Trustee may postpone sale of ell or any parcel of the Property by public announcement at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone 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 designee may purohase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals In the Trustee's dead shall 6e prima facie evidence of the trust of the statements made therein. Trustee shall apply the proceeds of the sale 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 tees actually incurred and reasonable attorneys' fees as permitted 6y Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 2S. ReconVeyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to recvnvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entftled to it. Such person or parsons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveping the Property, but only i( the fee is paid to a third party (such as the Trustee) far services rendered and the charging of the fee Is permitted under Applicable L.aw. 24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successortrustee to any Trustee appointed hereunder by an instrument recorded In the county in which this SecurRy Instrument is recorded. Witheut conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by AppNcable Law. 25. Request for Notices. 8orrowar requests that copies of the notice of default and sale be sent tv 9orrower's address which is the Property Address. 8Y 51GNING BELOW, Borrower accepts and agrees to the terms a -0avenants contained Sec ment and in any i execul®d by Bnrrnwer and r r wtth ~~~~ Seal Seal) ( ) DDRDTHY L ENCK war 7DDD C ENCK ,8orrowar (Seal) K E L A E N C -Borrower _, (Seal) -Borrower [Space Below This Line For Acknowledgment] STATE OF ) SS: COUNTY OF ) I,DsQ, ~--t'L~~~S~~^-- a Notary Public in and for said county and state, do hereby certfly that ~C "[i'~N, TODD C ENCK AND KELLY A ENCK, AS HUSBAND AND ~~ persona y appeared be ore me an Is are) own to me o e t e person a w n, eing m orme o e contents o t e foregoing Instrument have executed same, end anknowledgged sold instrument to be his, her or their, tree and voluntary act and deed and that he, she yr they executed said instrumentior the purposes and uses therein set forth. Witness my hand and official seal this 2 1 5 T My Commission Expires:/r / ~, NE6RASKA-6lnyle Femlly.Pennl~ MsvYrWdl~ MSC IINIF~RM STATEM[NT 802! NE Otl7 01!01 P~7 dayof[~~SEPTEMBER 2D09 ~~~JQ-Lc'Y1~=m~~17/Lc6 ~.-(Seal) GENERALNOTARY - State ~ Nebraska SHAUNA CHRISTENSEN td 1 ap10 ~,,. Catnm. P• My ~ ~ 1mi tw+w T w T Pwo•t