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�U1007E23 the ProperCy. 'I'he notice shall £urther in�orm Borrower of the right ta reinstate after designation o£ a default and the right to bring a court accion to assert the non-existence of a default or any other defense of Borrawer to a designation of default and sale. If the default is not cured by Borrower on or befora the date specified in the notice, and Seniar Lien Holder has not exercised its right to cure tl�e default, then ��nder at its option may designate a default and require immediate payment of all sums not fargiven secured by this Mortgage witl�out further demand and may invoke the power of sale and any other remedies pezmitted by applicahle law. Notwithstanding Lender's right to invake any remedies hereuander, Lender may nat commence foreclosure proceedings or accept a deed in lieu of £oreclosure, or exercise any other rights ar retnedies hereafter until it has given Senior Lien Holder at least 60 days priar written notice. Lender shall be entitled to collect all expenses incurred in pursuing tha rem�dies provided in this section 2, including, but not limited to, reasonable attorneys' fees and costs pf title evidence. I� Lender invokes the power a£ sale, Lender shall mail copies of a notice of sale in the rnaivaer prescribed by applicable law to Borrower, Senior Lien Holder and to the other persons prescribed by applicable law. Lender shall publish the notice of sale by public advertisement for the time and in tl�e rnanner prescxibed by applicable law. Lender, without demand on Borrower, shall sell the Praperty at public auction to the laighest bidder for cash at the tizne and place and under the terms designated in the notice of sale in one or more parcels a�nd in any arder Lender determines. Lender may postpone sale of all or any parcel of the Property to any later time an the sarne date by public ani�aunceinent at the time and placa of any previously scheduled sale. Lender or its designee znay purchase the Property at any sale. Lender shall deliver to the purchaser Lender's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in L�nder's deed sliall be pz'ima facie evidence of the truth of the statemenCs made therein. Lender shall apply the praceeds of the sale in the followin� order: (a) to all expenses of the sale, including, but not limited to, reasonable attarneys' fees; (b) to all sums not forgiven by this Mortgage; and (c) any excess to the person or persons legally entitled to it. 3. SUBORDINATION. This Mortgage is subject and subordinate in all respects to Che liens, terms, covenants and conditions of Che First Martgage and to all advances heretaFore made or which may hereafter be made pursuant to the First Mortgage, including all sums advanced for the purpose of (a) proCecting or further securing the lien of the First Mo�tgage, curing defaults by Borrower under the First Mortgage or for any other purpose expressly permitted by the k'irst Mortgage; or (b) constructing, r�novating, repairing, furnishing, �xturing or equipping tlie I'roperty. The terms and provisions of the First Mortgage are parannount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of foreclosure of the First Mprtgage, any provisions herein or any provisions in any other collateral agreement restz the use of tha Property or othearwisa restricting Bor� ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Propercy. Any person, including his successors or assigns (other than Borrawer or a related entity of Borrower), receiving tiCle to the Property through a foreclosure of the First Mortgage sha11 receive title ta the Property free and clear from such restxictians. 4. NOTICES. Any notice ta Borrower provided �or in this Mortgage shall be given by dalivering it or by nnailing it by first class mail unless applicable law requires use of another methad. The �otice shall be directed to the Property Address or any othar address Borrower designates by naCice to the Lender. 5. RELEASE. Upon satisfaction of all sums secured by this Mortgage (whether by payrnent or forgiveness), I,ender shall release this Mortgage without charge to Borrower. Borrower shall pay any recordation costs. 6. MODIk'ICATION OF FIRST MORTGAGE LOAN DOCUMENTS. The Lender cnnsents to any agreement or arrangement in which Senior Lien Holder waives, postpoues, extends, reduces or rnodi�es any pravisions of the First Mortgage Lnan Documents, including any provisions requiring the payment of money. IN WITNESS WHEREOP, Borrower has executed this Mortgage. . ,- . Borr wer: V V � Borrower: asha M Birch STATE OF NEBRASKA COUNTY OF HALL The foregoing instrument was yt�T�sha M Sirch, an u�ay�i ) ) ss. ) before me on this' �'' day of , 20 .�� Notary Fublic My Commission GENERAL Np7ARY-State of Nebraska � I!N'� SWERRI L. b'GALLAGMAN �: �� My Comm, Exp. Sept. 28, 2011 (seal) Expires: �/� �� Revised September 2, 2Q10 paqe 2 of 2