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201006843
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9/21/2010 3:17:30 PM
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DEEDS
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201006843
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2oiooss4~ <br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder <br />at the time and place and under the terms designated in the notice of sale in one ar more parcels <br />and in any order Trustee deterrnines. Trustee may postpone sale of all or an parcel of the Property <br />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 <br />deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following <br />order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the <br />payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by <br />Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the <br />person or persons legally entitled to it. <br />21. Lien Priorit~-. The full amount secured by this Security Instrument shall have the same <br />priority over any other hens on the Property as if the full amount had been disbursed an the date the <br />initial disbursement was made, regardless of the actual date of any disbursement. The amount <br />secured by this Security Instrument shall include all direct payments by Lender to Borrower and all <br />other loan advances permitted by this Security Instrument for any purpose. This lien priority shall <br />apply notwithstanding any State constitution, law or regulatbn, except that this lien priority shall <br />oat affect the priority of any liens for unpaid State or bcal governmental unit special assessments or <br />taxes. <br />22. Adjustable Ram Feature. Under the Note, the initial interest rate of 2.538 <br />which accrues on the unpaid principal balance ("Initial Interest Rate") is subject to the change, as <br />described below. When the interest rate changes, the new adjusted interest rate will be applied to <br />the total outstanding principal balance. Each adjustment to the interest rate will be based upon the <br />average of interbank offered rates fvr one-month U.S. dollar~,tenominated deposits in the London <br />market ("LIBOR"), as published in The Wall Stnaet Journal, rounded to three digits to the right of the <br />decimal point, ("Index plus a margin. If the Index is no longer available, Lender will use as a new <br />Index any index prescri by the Secretary. Lender will give Borrower notice of the new Index. <br />Lender will perform the calculations described bebw to determine the new adjusted ' erect <br />rate. The interest rate may c~ige on the first day of AGTpBER 201p and on that <br />day of each succeeding. year x the first day of each succeeding month ("Change Date") u iI the <br />loan is repaid in full. <br />The "Current Index" means the most recent Index fiiggure available 30 days before the <br />Change Date, and if the day that is 30 days before the Change ©ate is not a Sunday or Monday and <br />not the first business day of the week, the Current Index will be the Index as published the first <br />business day of that week. If the day that is 30 days before the Change Date is a Sunday ar <br />Monday and not the first business day of the week, the Current Index will be the Index as published <br />the first business day of the immediately poor week. Before each Change Date, the new interest <br />rate will be calculated by adding a margin to the Current Index. The sum of the margin plus the <br />Current Index will be called the "Calculated Interest Rate" for each Change Date. The Calculated <br />Interest Rate will be compared to the interest rate in effect immediatety prior to the current Change <br />Date (the "Existing Interest Rate"). <br />^ Annually Adjusting Variable Rate Feature) The Calculated Interest Rate cannot be more than <br />2.0% higher or lower than the Existing Interest Rate, nor can it be more than 5.0% higher <br />or lower than the Initial Interest Rate. <br />0 (Monthly Adjusting Variable Rate Feature) The Calculated Interest Rate will never increase <br />above ~LV~ Apo 538/1000 percent ( 12.538 %). <br />The Calculated Interest Rate will be adjusted if necessary to comply with these rate <br />limitation s} and will be in effect until the next Change Date. At any Change Date, if the Calculated <br />Interest ate equals the Existing Interest Rate, the interest rate will not change. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender <br />shall request Trustee to recanvey the Property and shall surrender this Security Instrument and all <br />notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the <br />Property without warranty to the person ar persons legally en#itled to it. Such person or persons <br />shall pay any recordation costs. Lender may charge such person or rsans a fee for reconveying <br />the Property, but only if the fee is paid to a third party (such as the Trustee) far services rendered <br />and the charging of the fee is permitted under applicable law. <br />First American Loan Production Services Nebraska HELM ARM Security Instrument <br />~ 201)8 First American Real Estate Solutions LLC <br />FALPS # YQ77 : 05/f)8 Page 7 <br />NMFL #8913NE (QKNE) <br />
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