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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 7. The proceeds of any condemnation award are hereby assigned and shall be paid to Lender and shall be <br /> applied to the sums secured by this security instrument, whether or not then due, with any excess paid to <br /> Borrower. <br /> 8. Any extensions or modifications of the loan granted by Lender to any successor in Interest of Borrower <br /> shall not operate to release the liability of the original Borrower or Borrowers, successors in interest. Any <br /> forbearance by bender in exercising any right or remedy shall not be a waiver of or preclude the exercise <br /> of any right or remedy. <br /> <br /> 9. Any notice to Borrower provided for in this security instrument shall be given by delivering it or may <br /> mailing it by first class mail unless Nebraska law requires use of another method, at the Borrowers' last <br /> known address. <br /> 10. This security instrument, and the Note which it secures, shall be governed by Nebraska law. <br /> <br /> 11. Lender shall give notice to Borrower following Borrowers' breach of any covenant or agreement in this <br /> security agreement and the Note which it secures. The notice shall specify (a) the default, (b) the action <br /> required to cure the default, (c) a date not less than thirty (30) days from the date the notice is given to <br /> Borrower by which the default must be cured, and (d) that failure to cure the default on or before the date <br /> specified in the notice may result in acceleration of the sum secured by this security agreement and resale <br /> of the property. The notice shall further inform Borrower of the right to reinstate, after acceleration, and <br /> the right to bring a Court action to assert the nonexistence of a default or any other defense of Borrower to <br /> acceleration and sale. If default is not cured, on or before the date specified in the notice, Lender, at its <br /> . <br /> .option, may require-immediate payment n_fhWof all sums-secured by this -Security Agreematwitlfoi[r- <br /> further demand and may invoke the power of sale and any other remedies permitted by Nebraska law. <br /> Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br /> paragraph, including, but not limited to, reasonable attorney fees and costs of title evidence. <br /> 12. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of <br /> the property is located and shall mail copies of such notice in the manner prescribed by Nebraska law. <br /> Trustee shall give public notice of sale to the persons and in the manner prescribed by Nebraska law. <br /> Trustee, without demand on Borrower, shall sell the property at public auction to the highest bidder at the <br /> time and place and under the terms designated in the notice of sale in one (1) or more parcels and in any <br /> order Trustee determines. Trustee may postpone sale of all or any parcel of the property by public <br /> announcement at the time and place of any previously scheduled sale. Lender or its designee may <br /> 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 <br /> the property. The recitals in the Trustee's Deed shall be prima facie evidence of the truth of the statements <br /> made therein. Trustee shall apply the proceeds of the sale in the following order. (a) to all expenses of the <br /> sale including, but not limited to, Trustee's fees as permitted by Nebraska law and reasonable attorney <br /> fees, (b) to all sums secured by this security agreement; and (c) any excess to the person or persons legally <br /> entitled to it. <br /> 13. Upon acceleration under Paragraph 12 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 <br /> and to collect the rents of the property, including those past due. Any rents collected by Lender or the <br /> receiver shall be applied first to payment of the costs of management of the property and collection of <br /> rents including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney <br /> fees, and then to the sums secured by this security instrument. <br /> 14. Upon payment of all sums as herein provided, Lender shall direct Trustee to reconvey the property and <br /> shall surrender this security instrument and the Note secured. Trustee shall reconvey the property without <br /> warranty and without charge to the persons legally entitled to it. <br /> 15. Lender, at its option, may from time to time remove Trustee and appoint Successor Trustee by an <br /> instrument recorded 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 <br /> herein and by Nebraska law. <br /> 2 <br />