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201109223
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Last modified
3/7/2012 11:16:11 AM
Creation date
12/8/2011 12:28:07 PM
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DEEDS
Inst Number
201109223
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201109223 <br /> Lender shall not be required to enter upon, take control of or maintain the Property before or after givi��g notice of <br /> breach to Bor�•ower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. <br /> Any app(ication of rents shall not cure or waive any default or invalidate any other i•ight or remedy of I..,ender. This <br /> assignment of rents of the Properiy shall terminate when the debt secw�ed by this Security Instrument is paid in full. <br /> 20. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may <br /> invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br /> collect all expenses incu�red in pursuing the remedies provided in this Paragraph 20, including, but not <br /> limited to,reasonable attorneys'fees and costs of title evidence. <br /> If the power of sale is invoked,Trustee shall record a notice of default in each county in which any�art of the <br /> Prop�rty is located and shall mail copies of such notice in the manmer prescribed by applicable law to <br /> Borrower and to the other persons prescribed by applicable law. After the time required by appincable law, <br /> Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. <br /> Trustee,without demand on Borrower, shall se❑ the Property at public auction to the highest bidder at the <br /> time and place and undea-the terms designated in the notice of sale in one or more parcels and in any order <br /> Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement <br /> at the time and place of�ny previously scheduled sale. Lender or its designee may purchase the Property at <br /> any sale. <br /> Upon receipt of payment of the price bid,Trustee shall deliver to the purchaser Trustee's deed conveying the <br /> Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made <br /> thereun. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of <br /> exercising the power of sale, and the sale, including the payment of the Trustees fees actually incurred and <br /> � reasonable attorneys' fees as permitted by applicable law; (b) to all sums secured by this Security <br /> Instrument;and(c)any excess to the person or persons legally entitled to it. <br /> 21. Lien Priority. The iull amount secured by this SecuriYy Instrument shall have the same priority over any other <br /> liens on the Property as if the full amount had been disbursed on the date the initiaf disbursement �vas made, <br /> regardless of the actual date ofi any disbursement. The amount secured by this Security Instrument shall include a(1 <br /> direct payments by Lender to Borr•ower and all other loan advances permitted by this Security Instrument for any <br /> purpose. This lien priority shall apply notwithstanding any State constitiution,law or regulation,except that this lien <br /> prioril:y shall not affect the priority of any liens For unpaid Stale or local governmental unit special assessments or <br /> taxes. <br /> 22. A,djustable Rate Feature. Under the Note, the initial stated interest rate of Three and 009/1000's percent <br /> (3.009%) which acerues on the unpaid principal balance (°[nitial Intei-est Rate") is subject to change, as described <br /> below. When the interest rate chai�ges, the new adjusted interest rate will be a�plied to the total autstanding <br /> principal balance. Each adjustment to the interest rate will be based upon the One-Month London lnterbank Offered <br /> Rate(°LIBOR")as made available in the"Money Rates" section of the Wall Street.Tournal("Index")plus a margin.. <br /> If the Index is no longer available, Lender will be required to use any indes prescribed by the Depart�nent of <br /> Housing and Urban Development. The new index will have a historical movement substantially similar to the <br /> original index, and the new index and�nargin will result in an annual percentage rate that is substantially similar to <br /> the rate in etfect at the time the origina! index becomes unavailable. <br /> Lender will perform the calculations described below to determine the new adjusted interest rate. The interest rate <br /> may change on the first day of MARCH 1,2012,and on_ that day of each succeeding year, X the tirst day of <br /> each succeeding month('Change Date")uniil the loan is repaid in fulL <br /> The value of the Index will be determined, using the most recent Index figure available thirty (30) days before the <br /> Nebraska 1�"Secu�•ity Insb•zrntent �O Bay Docs,Inc.06/10 <br /> Page 7 <br />
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