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201100143
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1/5/2011 4:31:56 PM
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1/5/2011 4:31:56 PM
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DEEDS
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201100143
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2oi�ooi43 <br />9. Any notice to SORROWER pravided for ix� this secutxty instnunent sha.tl be given by <br />deliveriuig it or by mailing it by first class mail unless Nebraska Law rcquires use of another methpd, at <br />the BORROWFR'S last lrnown addresa. <br />1 Q. T�is security insttument and the note that it secrxres shall be govemed by Nebraska law. <br />1 T. LENDER shall give notice af default to BORROWER following B�RROWER'S breach of <br />any cov�nant or agre�ment in this security agreement and the nate that it se�cures. The notice of default <br />shall ape�ify: (a) the d�fault, (b) the aetion required ta cure the de�ault; (c) a date not less than twa months <br />from the date the natice is given fo HORR�WER by which the default must be cured; (d) a statement of <br />the entire principal sum secured by this deed of trust, the axnount of interest acerued thereon tv and <br />including the date the natice of default was filed of record, and the dollar amount of the per diem interes� <br />accruing under this deed of trust; (e) a staternent of the amouzzt of the unpaid principal which would not <br />be due had xxo d�fault occurred; and (f} that the failure to cure the default on or befoxe �lae date speci�ied <br />in the notice may result in acceleration of the sum secured l�y this security agreement and sale of tl�e <br />prpperty. Z'he noticc shall fiu�her inform BQRROWER of the xight tv reinstate, after acceleration, of a <br />default or any other defense of SORROWER to mcceieration and sale. If default is nnt cured, on ox before <br />the date speci�ed in the no�ice, LENDER, at its aption, may require immediate payment in full of all <br />sums secured by this security agreement without fi�rther demand and may invoke the power of sale and <br />any othex rer.nedies permitted by Nebraska law. LENDER shall be eatatled to collect all expcnses <br />incurred zn pursuing the remedies pror+ided in this paragraph, including but not limited tQ a reasonable <br />attorney fee, to the extent allowed by law, and costs of title evidence. <br />12. If the power of sale is i.nvoked, Trustee shall record a notice of default in each county in <br />w}�ich any part ofthe property is located azid shall mail copies of such notice in the manner prescribed hy <br />Nebraska law. Trustee shall give public notice oF sale to the persons and in the manner prescribed by <br />Nebraska law, without demand on B�RROWER, shall sell the property at public suction to the }ughest <br />bidder at the time and place and under the terms designated in the notice af sale in ane or more parcels <br />and in any onder Trustee determines. Trustee may pastpane sale of all or any parcel of the property by <br />public announcement at the time and place of any previausly scheduled sale. Lender ar its designee may <br />purchase the property at auy sale. <br />Upon receipt af payment of the price bid, Trustee s�all deliver to the pu�haser Trustee's Deed <br />conveying the property. The recitals in the Trustee's Deed shall be prima facie evidence of the truth af <br />the statements made therein. Trustee shall apply the prviceeds of sale in the following order: (a} ta all <br />expenses of the sale including, but �not Lizni.ted ta, Trustee's fee as pexmitted by Nebras�a law, and <br />reasonable attarney fees; {b) to all sums secured by this security agreement; and (c) any excess to the <br />persan or persons legally entitled to it. <br />13. Upon acceleration under Paragraph 11 �r abandonme:nt o�the pmperty, LENDER (in person, <br />by agent or by judicially appointe.cl receivec} shall be e�titled to enter upon, take possession of and <br />manage the property and ta collect the rents of the property, including those past due. Any rents collected <br />by LENDER ar the receivcr shall bc applied first to payment of the costs of management of the property <br />and collection of rents "vncluding, but not limited to, receiver's fees, to the extent allowed by law, and then <br />to the surns se�ured by this security instrument. <br />14. Upon payment of �11 suins as herein provided, LF.NDER shall direct Trustee to reconvey the <br />property and shall sunender this s�curity instrurment and the note secured. Trustee shall reconvey the <br />property withaut warrant and without charge to the persons legally entitled tp it. <br />1 S. LENDER, at its option, may from time to time remove Trustee and appoint a success�r <br />Trustee by an instrument recorded in the cc>unty in whicia this security instnun,ent is recarded. Without <br />
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