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201108940
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Last modified
12/1/2011 3:02:41 PM
Creation date
11/30/2011 8:58:03 AM
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DEEDS
Inst Number
201108940
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Page3of4 201108940 <br />Nebraska law. Trustee, without demand on Borrowers, shail sell the property at public auction to the <br />highest bidder at the time and place and under the terms designated in the notice of sale in one (1) or <br />more parcels and in any order Trustee determines. Trustee may postpone sale of all or ariy parcet of the <br />property by public announcement at the time and place of any previously scheduled sale. Lender or its <br />designee may purchase the property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's Deed <br />conveying the properly. The recitals in the Trustee's Deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all <br />expenses of the sale including, but not limited to, Trustee's fees as permitted by Nebraska law and <br />reasonable attorney fees; (b) to all sums secured by this security agreement; and (c) any excess to the <br />person or persons legally entitled to it. <br />13. Upon acceleration under paragraph 12 or abandonment of the property, Lender (in person, by <br />agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage <br />the property and to collect the rents of the property, including those past due. Any rents collected by <br />Lender or the receiver shall be applied first to payment of the costs of management of the property and <br />collection of rents including, but not limited to, receiver's fees; premiums on receiver's bonds and <br />reasonable attorney fees, and then to the sums secured by this security instrument. <br />14. That the whole of said principal sum remaining unpaid shall immediately become due and <br />payable upon the occurrence of any one ormore of the following events: <br />(A) At such time as any action or proceeding in commenced to foreclosure upon any <br />prior or subsequent mortgage, deed of trust or lien secured by the Property. <br />(B) If converted to rental, it is my understanding the loan will be in default. This <br />default may be dealt with in the following way: <br />1. Total repayment of the principal of this note remain unpaid on the date of <br />default together with all amounts advanced as a loan pursuant to separate the <br />memorandum of understanding executed by borrower on this in favors of the <br />LENDER following all requirements under the Owner-Occupied Rehabilitation <br />Loan Program. <br />(C) At such time as the property is sold or conveyed in any manner to another <br />party/entity; <br />(D) At such time as the property ceases to be the primary residence of the <br />borrower(s). <br />15. Upon payment of all sums as herein provided, Lender shall direct Trustee to reconvey the <br />property and shall surrender this security instrument and the Note secured. Trustee shall reconvey the <br />property without warranty and without charge to the persons legally entitled to it. <br />16. Lender, at its option, may from time to time remove Trustee and appoint a successor Trustee <br />by an instrument recorded the county in which this security instrument is recorded. Without conveyance <br />of the property, the successor Trustee shall succeed to all the title, power, and duties conferred upon <br />Trustee herein and by Nebraska law. <br />
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