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<br />rights and beaelits accruinj to the borrower under any and all oil and
<br />$a 166146 on said pratatsa, with the right to reaiva end raceipt for
<br />the saran and apply ttom to taid ladebtadu s as wall before as after
<br />default in the road' low of this tristrumattt. and the Ltrader may de-
<br />mod, era for sad tamper an)+ utsb psymes a when due and payable,
<br />but shall not be requited to to du. !hilt assi<ament Is to terminate and
<br />become null and void upon reltsase of this Instrument.
<br />10. That the Borrower wW keep tba buildings u116n said premiss in
<br />good repair. and ndthnr commit nor permit wasttx upon said land, nor
<br />suffer the said premises to be used for any uotawful-purpose.
<br />11. That if the premises, or any put thereof. be condemned under
<br />the power of eminent domain, or acquired for a public use. the
<br />damages awarded. the ptocetds for the taking of, or the consideration
<br />for such acquisition, to the extent. of, the full amount of indebtedness
<br />upon this instrument and the note which it is •gisrn to secure remain-
<br />ing unpaid. are hereby atsfgurd by tiso borrower to rho Lender, and
<br />shall be paid forthwith to said Ltndt?r to be applied by the latter on
<br />account of the nett maturing installments of such Indebtedr:eo.
<br />12. The Borrower futthrr agree that should this Instrument and the
<br />note secured booby not be eligible for Insurance under the National
<br />Housing Act within dght;months from the date hereof (written state-
<br />ment of any officer of the Department of housing and Urban.
<br />'Dwdopment or authasislid agent of the Secretary of Housing and Us.
<br />ban Development dated subsequent to the eight months' time from the
<br />date of this tastrument. dedfning to insure said note sad ibis ssort-
<br />pge, being deemed coa8ust %e proof of such Ineligibility). the lender
<br />or bdda of the now meyi,a4 its option, declare all sums secured
<br />hereby immediately due sad payable. Notwithstanding the foregoing,
<br />ibis option essay not be exercised by the Lender or the holder of the
<br />note wbea the indigl Oty for insurance under the National Housing
<br />Act is due to the 2 amier's failure to remit the mortgage la wrance
<br />premium to the Department of Housing and Urban Developmest.
<br />rr. 'x'1":..# t... fa.l: to sn:.: =nY iMi=er-•• of
<br />he-
<br />the seine become due, cir fails to conform to and comply with Any of
<br />the conditions or Agreements contained in this instrument, or the note
<br />which it saaures, then the eatim principal sum and secured interest
<br />shall at cum become due and payable, at the election of the Lender.
<br />Lender shall give notice to Borrower prior to acceleration following
<br />Borrowers bresch,pfany covenant or agreement is this instrument
<br />(but we prior to.aoa3eratioo under paragraph 12"ualrus applicable
<br />lass provide otberwite). The notice shall specify: (a) the default; (b)
<br />the acsfam required to curs the default, (e) a date. not lea than 3D
<br />dpyn fiam the date the notice Is given to Borrower, by which the
<br />dafatart must be cured; and (d) clot failure to cure the default on or
<br />before the date specified In the notice may result in acceleration of the
<br />states secured by this instrument and sale of the Property. The notice
<br />$aff further inform Borrower of the right to reinstate after Aced ra-
<br />-am Aqd the right to bring a court action to assert the noa of,
<br />a "Ault or any other defense of Borrower to acceleration and $46. 41
<br />the default b not cured on or before the date spoesd in the notice,
<br />frandes at its cpttoa may require imme4late paypnemt in full of all
<br />sums secured by eTmiuinstrument without further demand aaad Iniy ln-
<br />vokk the power of ago and any ad w remedies permitted by ap.
<br />plieab6e law. L.ertdar allall be entitled to collect all expense iamund
<br />10 pursuing the come" provkW in this Wagrapb 13, iadudfrsl. but
<br />not limited to, reasonable attorneys fee and cosrsof,title evidence.
<br />89-144315
<br />If the power of sale is inwoktd, Truster shall record a nutitm of
<br />default in each county in which any part of the Property is located
<br />and shall mail copies of such notice in the milliner prescribed by ap-
<br />plicable law to borrower and to the other persons prescribed b) ap-
<br />plicable law, After the time required by applicable law. Trustee shall
<br />give public notice of sale to the persons and in the manner pies-cribot)
<br />by applicable law. Trustee, without dumand on Borrower, shall sell
<br />the property at puWla auction to the highest bidder at the time and
<br />place and under the terms designated in the notkr of sale in one or
<br />more parcels and In any order Trustee deturntlncs. Trustee may
<br />postpone sale of all or any parcel of the Property by public Announce-
<br />meat at the time and place of any previously scheduled sale. leader
<br />or its designee may purchase the Property at any sale.
<br />Upon recelpt of payment of the prise bid, Trustee shall deliver to
<br />the purchaser Trustee's deed conveying the Property. The tecitulh in
<br />the Trustees deed shall be prima facie esideum of the truth of the
<br />statements made therein. Trustee shall apply the proceeds of the sale
<br />in the following order: (a) to 411 experusa of the sale. including but
<br />not limited to, Trustees fees as purrniutd by applicable law and
<br />reasonable attuutcys' fees; (b) to all sums aerured by this Security In-
<br />strument; and (c) any excess to the person or penuns legally entitled
<br />to it.
<br />14. Upon accdcration under paragraph !.3 or abandonment of the
<br />Property. lender (in person. by agent or by judicially appointed
<br />receiver) shall be entitled to enter upon, take possession of and
<br />manage the Property and to collect the rents of the Property including
<br />those past due. Any rents collected by lender or the receiver shall be
<br />applied first to payment of the casts of management of the Property
<br />and collection of renal. including, but not limited to. reeelser i fees,
<br />premiums on receiver's bonds and reasonable atturneys' fees. and then
<br />to the sums secured by this instrument.
<br />15. Upon payment of all sums secured by ftq instrument. lender
<br />shall request Trustee to reconvey the Property and shall surrender this
<br />instrument and all notes evidencing debt secured by this instrument to
<br />Trustee. Trustee shall rewaveny the Property without warranty and
<br />without charge to the person or persons legally entitled to it. Such
<br />person or persons shall pay any rccordatiun costs.
<br />16. Lender. at its option, may from time to time remove Truster
<br />and appoint a successor trustee to any Trustee appointed hereunder by
<br />an instrument recorded in the county in which this instrument is
<br />recorded. Without conveyance of the Property. the successor trustee
<br />shall.isucceed to all the title. power and duties conferred upon Trustee
<br />herein and by applicable law.
<br />17.. Borrower requests that copies of the notims of default and sale
<br />be sent to Borrowers address which is the Property Address.
<br />18. it one or more riders are executed by Borruwer and recorded
<br />together with this instrument, the covenants and agreements of each
<br />rich rider shall be incorporated into and shall amend and supplement
<br />ebe covenants and agreements of this instrument as if the rider(s) were
<br />a I� of this instrument.
<br />lam' The covenants herein contalAd shall bind. and the ll"R's and
<br />advantages shall Inure to. the respective heirs. executors, ad.
<br />ministrators, socomrs. and assigns of the parties hereto. Whenever
<br />used. the singular number shall include the pluial, the plural the
<br />singular. and the use of any gender shall include all genders.
<br />By signing below, Borrower adapts and agteei tothe terms owenants eoaaWned in this S arfty lnstrenreut and in any,rider(s) executed by
<br />Borrower and recorded with it. d,
<br />4Se4l)
<br />su"gorr
<br />(Sealj'
<br />twrowtr
<br />State of Nebraska,
<br />• art:
<br />County of Hall
<br />-The foregoing instrument was admoirWged before me this 16th day of January.
<br />19 89 ,by Calton L. Bretz and Mary G. Bretz,
<br />Husband and Wife
<br />Witnaas my hand sad notarial seat at Grand Island in skid County. the date afotes,►Id.
<br />My commission expires: GEMft(AL NOTARY -Stall of k—r
<br />RC96RYA L. REED Lary Public
<br />my Ca m to J* 30. 19M
<br />Page 3 HUD 92143DY
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