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201100260 a2. SUBROGATYON. If, and ta the extent that, the proceeds of the loan evid�nced by the Nate are used to pay, satisfy or discharge any obligation of Borrower for the payment of money that is securcd by a pre- existing mortgage, deed of trust or other lien encumbering the Mortgaged Property (a "Prior Lien"), such loan praceeds shall be deemed to have been advanced by L�nder at Borrower's request, and Lender shall autamatically, and without further action on its part, be subrogated to the rights, including lien priarity, of the owner or haldear of the obligatian secured by the Frior Lien, whether or not the Priar Lien is released. 43. ACCELERATIpN; REMEDIES. At any time duxing the existence af an Event of Default, Lender, at Lender's aption, may declare the Indebtedness to be immediat�ly du� and payable without further demand, and may invoke the power of sale and any othcr remedies permittcd by applicablc law or provided in this Instrument or in any othcr Laan Dacument. Borrower aeknawledges tlaat the pawer of sale �,ranted in this Instrument may be exercised by Lender without prior judicial hearing. Borrower has the right to bring an actian ta assert the non-existence of an Event of Default or any other deiense af Borrow�x to acceleration and sale. Lender shall be entitled to collect all costs and expenses incurred in pursuing such r�medies, including attorneys' fees, costs af documentary evidence, abstracts and title reports. If th� power af sale is invoked, Trustee shall record a natice of default in each county in which the Mortgaged Property is lacated and shall mail copies of such notice to Borrower and to the ather persons in ihe mannerr prescribed by applicable law. Truste� shall ,give notice of sale and Trustee shall sell the Mortgaged Praperty accarding ta the laws of Ncbraska. Trustee may sell the Mortgaged Property at the time and place and under the tertns designated in the notice af sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any part of the Mort�a�ed Froperty by public announcement at the time and place of any previausly scheduled sale. Lender or Lender's desi�nee may prxrchase the Mortgaged Property at any sale. Trustcc shall dcliver to the purchaser at thc sale, within a reasonable time after the sale, a 'I'rustee's deed conveying the Mortgaged Yroperty so sold without any cavenant or warranty, express ar implied. 'fhc recitals in Trustee's de�d shall be prima facie evidence af the truth of the statements made therein. Trustec shall apply thc proceeds of the sale in the following ordcr: (a) to all costs and expenses of th� sale, including Trustee's fees of not more than 5% of the grass sale price, attarneys' fees and costs of title evidence; (b) to the Indebtedness in such arder as Lender, in Lender's discretion, directs; and (c) the excess, if any, to the person ar persons legally entitled thereto. FANNIE MAE MULTCFAMILY SF.CURITY INSTRUMENT- F'orm A028 06/b9 Page 37 NEBRASKA �i 199�-20Q9 Hannie Mae