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201106669 lieu of foreclosure of the First Mortgage, or through the assignment of the First Mortgage to the Secretary of the U.S. Department of Housing and Urban Development, shall receive title to the Property free and clear from such restrictions. If Lender invokes the power of sale, Lender shall mail copies of a notice of sale in the manner 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 the manner prescribed by applicable law. Lender, without demand on Borrower; shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Lender determines. Lender may postpone sale of all or any parcel of the Property to any later time on the same date by public announcement at the time and place of any previously scheduled sale. Lender or its designee may 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 Lender's deed shall be prima facie evidence of the truth of the statements made therein. Lender shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale; including, but not limited to, reasonable attorneys' fees; (b) to all sums not forgiven by this Mortgage; and (c) any excess to the person or persons legally entitled to it. 3. NOTICES. Any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to the Lender. 4. RELEASE. Upon satisfaction of all sums secured by this Mortgage (whether by payment or forgiveness), Lender shall release this Mortgage without charge to Borrower. Borrower shall pay any recordation costs. 5. MODIFICATION OF FIRST MORTGAGE LOAN DOCUMENTS. The Lender consents to any agreement or arrangement in which Senior Lien Holder waives, postpones, extends, reduces or modifies any provisions of the First Mortgage Loan Documents, including any provisions requiring the payment of money. IN WITNESS WHEREOF, Borrower has executed this Mortgage. Borrow r: Q Z.- Borrower. ames J Ho C Hoesche ST E OF NEBRASKA ) ss. COUNTY OF HALL ) 3� The foregoing instrument was acknowledged before me on this v day of 20 _Lt t by JAMES J HOESCHE AND JARAH.,C HOESCHE, HUSBAND AND WIFE. GMIERRL 10TARY -Stale of Nebraska I,Zo Pub he SxE(R .O'cALLAC- Aa%11 My Comm Exp. Sept. 28,2011 My Commission Expires: