|
L
<br />r
<br />L
<br />F 7
<br />6U JL00308
<br />NoN•UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />19 Acceleration; Remedies. II,mder Shall @ITS notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement Is Mitt Security Iaairameat (but not prior to acceleration under paragraphs 13 and 17
<br />ua files applicable law provides etherwlee). The notice shall speetfy: (a) the *("Ill (b) the action required to cure the
<br />defoulh (e) a date, act has than 30 days Rota the date the mode'. is given to Borrower. by which the default must be cured'.
<br />and (d) that fhtilsre to cure the default on or before the date tlpecilled to the notice may resah is acceleration of the sums
<br />scented by this Security bwtratment and sale of the Property. The notice Shall further laferma Borrower of the right to
<br />reinstate after acceleration and the right to br lag a court action to mud the noa-existence of a defavit or nay other
<br />dehum of Borrower to acceleration and sale. If the defaalt Is not cured on or before the date specilled la the notice, Lender
<br />at its option my require immediate payment in full of all suaaa weaned by this Security Iastraaaent without farther
<br />dewasd and may Invoke the pottvee of sale sad any other res' Pill a /emitted by applicable law. Lewder shall be eatitled to
<br />collect all expenses incurred In pursalsg the remedies pmvlied In this paragraph 19, iaeludiag, but not limited to,
<br />reasonable attorneys' fees and costs of title evidence.
<br />If the power. of sak b Invoked, Ttnetes shall record a notice of default in each eousty.In which any part of the
<br />Property IS located and shelf stall codes of Pub notice is the tuanner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of
<br />Sale to the persons and Is the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the
<br />Property at public auction to the highest bidder at the thus and place and under the terms designated in the notice of sale In
<br />one or more parcels and in any order Trustee determines. Trustee nay postpone sale of all or any parcel of the Prepecty by
<br />public announcement at the time and place of nay previously scheduled sale. leader or Its designee tray purchase the
<br />Property at any sale. :-
<br />Upon receipt of payawo of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
<br />Property. The recitals In the Trustee's deem shall be prima facie evidence of the truth of the statements made therein.
<br />Trustee shall apply the proceettiof the ask in the following order. (a) to all expenses of the sale, including, but not limited
<br />to, Trustee's fees as permMed by applicable law and reasonable attorneys' fees, (b) to all sums second by this Security
<br />Itutrumeat; and (e) any excess to the pesos or persous legally entitled to it.
<br />20. LesAes• 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 the 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. pwaiutns on receiver's bonds and reasonable attomeye fees, and then to the sums secured by
<br />this Security Instrument.
<br />21. Reeonveyance. Upon payment of all sums secured by this Security Instrument,, Leader shall request Trustee to
<br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt sequred by this Security 1 ;_
<br />Instrument to Trustee. Trustceshall reconvey the Property without warranty and without charge 114-t8e.Verson or pet$oits r.
<br />legally entitled to it. Such person or persons shall pay any recordation costs.
<br />22. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint, a tuccessar trustee
<br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recavkd.
<br />Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties confer>ted upon
<br />Trustee herein and by applicable law.
<br />23. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's
<br />address which is the Property Address..
<br />24. Riders to this Security IaatntmenL If one or more riders are executed by Borrower and recorded together s-ith
<br />this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shellamend and
<br />supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
<br />Instrument. [Check applicable box(es)]
<br />❑ Adjustable Rate Rider ❑ Condominium. Rider ❑ 24 -Family hider
<br />❑ Graduated Payment Rider ❑ Planned Unit Development Rider
<br />ID 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 with it.
<br />................. ................................ ............................... ., .......1... ......... ............(.SeaH]
<br />�itici�azd �Nataity
<br />.. ............................... . .......... ............................... '� :.... ..............(Seal)
<br />Annette M. Nabity — earow.►
<br />STATE OF NER.MKSICA, Hall County ss:
<br />On this 13th day of January ,19 89 , before me, the undersigned, a Notary Public
<br />duly commissioned and qualified for said county, personally came Richard Nabity and Annette it.
<br />Nabity, Iiiisband and wife , to me known to be the
<br />Identical Persons) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution
<br />thereof to be.. their voluntary act and deed.
<br />Witness-my hand and notarial seal at Grand Island, Nebraska in said county. the
<br />date aforesaid.
<br />.�lli«i.M .............'........ ll-
<br />titl�LfN�
<br />REQUEST FOR RECONVEYANCE Notary Public �Q
<br />f4t�llstltl►fMs.11llMlt ADD
<br />To TRUSTEE: n,
<br />The undersigned is the holder of the note or notes secured by this Decd cif 1 rust. Said note or, tittle'., together
<br />with all other indebtedness secured by this Deed of Trust, have been paid ire full. You ate hereby dfi►ectcd 14, cancel f,,nLl
<br />note or notes and this Deed of Trust, which are delivered lhctelly, and to recomev, without %%arrurtN, ,ill ttic c,rair
<br />now held by you under this Deed of *ITu,t To the rersun or pulsom IegaM e•nthtied thenc•tr
<br />Date:
<br />
|