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201000336
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Last modified
1/15/2010 2:01:01 PM
Creation date
1/15/2010 1:55:21 PM
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DEEDS
Inst Number
201000336
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<br />201000336 <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to <br />Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents <br />shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property <br />shall terminate when the debt secured by the Security Instrument is paid in full. <br />X$. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may invoke the power <br />of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing <br />the remedies provided in this Paragraph 18, 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 <br />located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons <br />prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons <br />and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction <br />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 <br />order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time <br />and place of any previously scheduled sale. Lender or its 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 <br />recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the <br />proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including <br />the payment of the Trustee's fees actually incurred, not to exceed .5000 % of the principal amount of the note at the time of the <br />declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons legally entitled to it. <br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment <br />in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage <br />Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et sec .) by requesting a foreclosure commissioner designated under the <br />Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive <br />the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. <br />19. Reconveyance. Upon payment of all sutras secured by this Security Instrument, Lender shall request Trustee to reconvey <br />the Froperry and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to <br />Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. <br />Such person or persons shall pay any recordation costs. <br />20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any <br />Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without <br />conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein <br />and by applicable law. <br />21. Request far Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which <br />is the Property Address. <br />22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this <br />Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants <br />and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. <br />[Check applicable box(es)] <br />^ Condominium Rider ^ Growing Equity Rider <br />^ Planned Unit Development Rider ^ Graduated Payment Rider <br />^ Other(s) <br />[specify] <br />GV217I1I-7 (696) Page 7 of 8 <br />I IIIIII IIIAI (IIII VIII VIII VIII VIII VIII VIII VIII IIII IIIIIII III IIIIII VIII VIII VIII IIII IIII <br />1 1 1 ], 0 3 8 5 8 G V 2 7, 7 J, <br />FHA Nebraska Deed of Trost <br />~V <br />
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