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89100247
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Last modified
10/19/2011 4:03:01 PM
Creation date
10/20/2005 9:11:42 PM
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DEEDS
Inst Number
89100247
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I <br />89- - 100247 <br />NONUNIFORM COVENANTS. Borrower and Lender flrrther covenant and agree as follows: <br />19. Acceleration; Remedies. Lender sbsf) givo notice to Beurower prior to acceleration following Borrower's <br />brexY of any cotenant or alpmMent in this Security ImM.,ument (but not prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otherwise). The natEce shall specify: (a) the default; (b) the action required to cure the <br />default; (e) a date, ntrt less tltaa 30 days from the date the notice is given to Borrower. by which the default must be cured; <br />mad (d) tMt failure to cure the default on or before the date specified Is the notice may remit in acceleration of the sums <br />*centred by tkis Security Instrument and sale of the ftoperty. The notice shall further inform Borrower of the right to <br />reinum after secekratlon sad the right to bring a court action to assert the non - existence of a default or any other <br />defense of Borrower to acceleration and sale. It the desfault is not rinsed os or before the date speMfied in the notice, Lender <br />at its option may require hsmediate payment in fail of all mats secured by this Security Instrument without further <br />denim it and say invoke the power of sale and any other remedles pert fitted by applicable law. Lender shall be entitled to <br />collect all expenses incurred In pursuing the remedles provided its this paragraph 19, including, but not limited to, <br />raasoaabk attorneys' fees and costs of title evidence. <br />It the power of sale is invoked, Trustee shall record a aotice of default in each county is which any part of the <br />Property is located and shall moan copies of latch oat ice is the macaw prescribed by applicable law to Borrower and to the <br />other persons prescribed by applicable law. AfMtr the time required by applicable law, Trustee shall give public notice of <br />ask to the persons and in the manner prescribed-by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public auction to the highest biddtm at the time and phsce and under the terms designated in the notice of ssle in <br />ose or awe parcels sad in say order Trusteo determines. Trustee may postpone sale of all or any pucel of the Property by <br />public announcement at the time and ploce of soy previously scheduled We. Lender or its desigetee may purchase the <br />Property at any sale. <br />Upon► receipt of payment of .tine price bid, Trustee sb*H deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Tmalt:e's deed akall be prima facie evidence of the truth of the statements mstde therein. <br />Trustee shall apply the proceeds (rtthe sale in the following order: (a) to all expenses of the sale. iselwiling, but not limited <br />to, Trustee's fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums scoured by this Security <br />Instrwnent; and (c) any exc ft to the person or persons legally entitled to it. <br />20 Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in <br />' person, by agent or by judicially, appointed receiver) shall be entitled to enter upon, take possession of and manage the <br />Property and to collect site rents of the Property including those past due. Any rents collected by Lender or the receiver <br />shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not <br />limited to, receiver's fees. premiums.on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by <br />this Security Instrument. <br />21. Reconveyance. Upon payment of all sutras secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes .evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall.reconvey the Property without warranty and without charge to the person or persons <br />legally entitled to it. Such person.orpersons shall gay any recordation costs. <br />vim, Side tatte T�.eta a..r eude!� at its epea„' may from time- to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument record in the county in which this Security Instrument is recorded. <br />Without conveyance of the Property, the succewr trustee" succeed to all the title, power and duties conferred upon <br />Trustee herein and by applicable law. <br />23. Request for Notices. Borrower requests that cope of the notices of default and sale be sent to Borrower's <br />address which is the Property Address. <br />24. hiders to thi'.fr Security Instrument. If one or more riders are executed by Borrower and recorded together with <br />this Secuiity Instrumett, the covenants and agreements of each such rider shall be incorporated into and shall amend and <br />supplement the covamtuts and agreements of this Security Instrument as if the rider(s) were a part of this Security <br />Instrument. [Chuck applicable box(es)] <br />Adjustable Rate Rider ❑ Condominium Rider ❑ 2-4 Family Rider <br />❑ Graduated Payment Rider ❑ Planned Unit Development Rider <br />gg Other(s)) [specify) Acknowledgement <br />BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in any rider(s) executed by Borrower and recorded wi h it. <br />............ ....._............. ...... .................... ........... ....................(Seal) <br />Wendell D. S enlc r -8offo er <br />....................................... Jl �``'!.cy „v,,....` .. S!'.e?- .............. .(Seal) <br />Sharon L. Spencer'”` <br />r STATE OF NEBRASKA, HALL County,5s. <br />On this 13th day,of January . 19 $9 , before me, the undersig -ned. a Notary Public <br />duly com'missfanc,di and qualified 66-r said county, personally came Wendell d.; Spencer and Sharon L. <br />SOncen, husband and wife , to me known to be the <br />identical persbhCs).whose nart os) are subscribed to the foregoing instrument oral acknowledged the execution <br />thereof to be ttt:ei r voluntary act and deed. <br />Witness my i=arniand notarial seal at Grand Island in said county, the <br />date aforesaid. <br />i My Commission expires: / <br />ONVA L a� Notary Public <br />Ad EQUEST I-OR R NVEYANCE <br />To Tn <br />The undersigned is the holder of the note or notes Secured by this Iced of Trust. Said note or note. together <br />with all other indebtedness secured by this Decd of Trust, have been paid in foil. 1 ot( are hereby directed to L +noel sand <br />note or notes and this Deed of Trust. which are delivered hereby, and to reumvey. +.tthout warranty, ali the estate <br />now held by you under this heed of Trust to (tic person or persons legally vrx,tled theretty. <br />Pate: . ..... <br />IF <br />pt <br />1 <br />• i <br />IF <br />pt <br />1 <br />
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