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. � <br />20100943G <br />the default on or before the date specified in the natice may result in designation of a default under the Note and the sale c�f <br />the Prop�rty. The notice shall further inforzz� F3orrower of the rig1rt to reinstate after designation of a default and the right to <br />bring a court aclion to assert the n.on-existex�ce of a default or any other defense of Bonrower to a desi�nation of default and <br />sale. If the default is i�ot cured by F3orrower on or be£ore lhe date specified in the notice, and Senior Lien IIolder has not <br />exercised its right to cure tl�e default, then Lender at its option may designate a default and require immediate payment of all <br />sums not forgiven secured by this Mortg�ge without further dema�ad and may invok� the power oF sale and aiay other <br />remedies permitted by applicable law. Notwithstanding Lender's right to invoke any remedies hereunder, Lender cnay not <br />cc7mmence foreclosure proceedings or acce�t a dced in lieu of foreclosure, or exercise any other rights or remedies hereafter <br />until it laas given Senior Lien Holder at least CO days prior written aiotice. I,endcr shall be entitled to collect all expenses <br />incurred in pursuing the remedies provided in this section 2, including, but not limited to, reasoaable attorneys' fees and costs <br />vf title evidence. <br />If Lender invokes the power of sale, Lender shall mail copies of a notice of sale in the mazmer prescribed hy applicable law to <br />Borrower, Senior Lien Holder and to t�ie other pecsons prescribed by applicable law. .I.,ender shall publisli the notice of sale <br />by public advertisement for thc time and in the manner prescrihed by applicable law. I.e��der, without dEmand on Borrower, <br />shall sell fhe Yroperty at public auction to t}�e highcst hidder for cash at t:t�e tinie and �lace and under the terms designated in <br />die notice of sale in one or more parcels and in any order Lender deCer�nixies. I.ender tnay pc�stpane sale of all or aiay parcel of <br />the Property to any later time on Che same date by public annc�uncemeilt at the tizne and placc c�f any previously scheduled <br />sale. Lender or its desi�nee may purchase the Property at any sale. <br />Lendar shall deliver to the purchaser Lender's deed conveying tlie Property witlaout any covenant or warranCy, expressed or <br />implied. The recitals in Lender's deed shall be pricna facie evidence of the truth of fhe statements made therein. Lender shall <br />apply the proceeds of tl�e sale in the following order: (a) to all expenses of tlie sale, including, but not limited to, reasonahle <br />attorneys' fees; (b) to all surns �rot forgiven by this Mortgage; and (c) any excess to tlie person or persons legally entitled to it. <br />3. SUBORDINATION. 'I"liis Mortgage is subject and subordinate in all respects to the liens, terms, covenants and conditions <br />of the First Mortgage and to all advances heretofore made or which n�ay hercai'ter be made pursuant to the First Morigage, <br />includin� all sums advanced for the purpose of (a) protecting or further securiu� the lien of the First Mortgage, curing <br />defaults by Borrower ua�der the First Mortgage or for ai�y other purpose expressly permitted by tlie First Mortgage; or (b) <br />constructing, renovating, repairing, Furnishing, fixturing c�r equipping t}�e Property. The Cerms and provisions of the First <br />MarCgage are paraxnount and controlling, and fhey supersede any otl�er terms and provisions hereof in conflict therewith. In <br />the event of foreclosure of the First Mortgage, any provisions herein or any provisions in any other collateral agreement <br />restricting the use of the Property or otherwise restricting Borrower's ability to sell the Pmperty shall have no furt}ier force c�r <br />effect on subsequent owners or purchasers of the Property. Any persc�n, 111C�LiCi11]� f715 successors or assigns (other than <br />Borrower or a related entity af Borrower), receiving title to the Property through a foreclosure of the First Mortgage shall <br />receive title to the Froperty free and clear firom such restrictions. <br />4. NO'TICES. Ar►y notice to I3orrower provided for in lliis Moctgage tihall be given by delivering it or by mailing it by lirst. <br />class mail unless applicable law requires use o£ another method. The notice shall be directed to the Property Address or any <br />other address Borrower designates by notice ta the Lender. <br />5. R�LEf15E. Upon satisfaction of all sums secured by this Mortgage (whether by payment or forgiveness), Lender shall <br />release this Mortgage without charge to B��rrower. Borrower shall pay a��y recordation costs, <br />6. MODIFICATION OF FIRS'T MORTGAGE [�OAN DOC:UMENTS. The L,ender consents to a»y agreement or <br />arrangement in which Senior Lien Holder waives, postpones, extends, reduces or modifies any provisions of the First <br />Mortgage Loan Documents, including any provisions requiring the paymeni of money. <br />IN WITNESS WH�REOF, Borr er has xecuted this Mortgage. <br />Bprrower. Borrower: - <br />__ _...,.....� _ .. <br />ANDREW R ADAMS ' SHA I,�E <br />5TATF.. OF NEBRASKA ) <br />) ss. <br />COUNTY OF HAI�L ) <br />�r�. <br />Th� foregoing instrument was ackt�owledged befpre me on this ��" day oP -QCf�N!1 �. , 20 1 V, <br />by A R�W R AD and T'1SHA M LEF;, each a single pergon. <br />� 1' <br />N ary Public (seal) <br />My Commission Expires: 9 3 Z 0 �� GEN�RAL Nq'fARY - State of Nebraska <br />JOS�PH R. OQBFtOVOLNY <br />�� My Camm. Exp. 5ept. 3, 2�12 <br />Revised September 2, 2010 <br />Page 2 af 2 <br />