|
1
<br />r-
<br />89. 100375
<br />No'J•UNIFORNI COVENANTS. Iltarrower and Lender further covenant and agree ac follows:
<br />19. Acceleration., Remedies. tender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenantor agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17
<br />unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
<br />default; (c) a date, not less than 30 days from the date the notice Is given to Borrower, by which the default must be cured;
<br />a" (4) that fteli!lre to cure the default on or before the date specified In the notice may result In acceleration of the sums
<br />aecared by this Security Instrument and sale of the Property. The notice shall Nether inform Borrower of the right to
<br />reinstate after acceleration and the right to bring a court action to assert the nats-existence of a default or any other
<br />defease of Borrower to acceleration and ale. If the default is not cured on or before the date specified in the notice, tender
<br />at Its option may require immediate payment in Poll of all sums secured by this (security Instrument without further
<br />demand and may invoke the power of sale and any other remedies permitted by appReable law. Leader shall be entitled to
<br />collect all expenses incurred in pursuing the remedies provided In this paragraph 19, including; but not limited to,
<br />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 part of the
<br />Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After the time required by applicable ldw, Trustee shall give public notice of
<br />sale to the persons and in the manner prescribed by applicable law. Trustee, without demand ion Borrower, shall sell the
<br />Property at public auction to the highest bidder at the time 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 may postpone sale of all or any parcel of the Property by
<br />public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the
<br />Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the pwchuwr,Trustee's. deed cottre-,.1ng the.'
<br />Property: The recitals in the Trustee's deed shall be prima facie evidence of the truth of.ilhe stasfstents =6-
<br />Trustee shall apply the proceeds of the sale In the following order: (a) to alt expenses of the sale, iachenli'tag, but'02 limited '
<br />to, Trustee's ices as permitted by applicable law and reasonable attorneys° flees; (Tee) to'atll sums.secoweed by Ws; Security
<br />C.
<br />instrument; and (c) any exeesa to the person ur pefsefts leoli. Ra+ a led to It.
<br />20 Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the' Property, tender (in
<br />person] by agent or by judicially appointed receiver) shalt be entitled to enter ut Epn, take possession of and manage the
<br />Property and to collect the rents of the Property including those past due. Any relicts collected by.tender 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'teaconable attomeye fees, and then to the sums sermed by
<br />this Security Instrument.
<br />21. Reconveyance. Upon p*ment of all sums 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 vfithout charge to the person or persons
<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 successor trustee
<br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrumeni is recorded.
<br />Without conveyance of the Property, the successor trustee shall 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 copies of the notices of default and sale be sent to Borrower's
<br />address which is the Property Address.
<br />24. Riders to thh Security Instrument. If one or more riders are executed by Borrower and recorded together with
<br />this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and
<br />supplement. the covenants and agreements of this Security Instrument as if the.,rider(s) were a pan of this Security
<br />Instrument. [Check applicable box(es)j
<br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 2-4 Family Rider
<br />❑ Graduated Payment Rider ❑ Planned Unit Development Rider
<br />❑ 0ther(s) [specify]
<br />BY SIGNING BPL4wr. Borrower accepts and agrees to a terms and covenants contained i this Security
<br />Instrument and in any rider(s) executed by Borrower and ed wt h it.
<br />......................................................... ............................... � r... .............(seal)
<br />.. .. .:.... ...... ....
<br />Darwin D. Ka z — Borrower
<br />......................................................... ............................... ... .......... ....... ........................ (seal)
<br />Connie F. Katzbar '/ Borrower
<br />STATE of NEBRASKA, Hall County ss:
<br />On .this 17th day of January , 19 89 , before me, the undersigned, a Notary Public
<br />duly commissioned and qualified for said county. personally came Darwin D. Katzberg and Connie F.
<br />Katzberg, each in his and her own right, and as spouse of each otheXo me knG,%n to be the
<br />identical person(s) whose names) are subscribed. to the, foregoing instrument and acknm,-- ifidged the execution
<br />thereof to be their voluntary act and deed.
<br />Witness my hand and notarial seal at Grand Island, Nebraska in said oiwnty, the
<br />date aforesaid.
<br />Gum 01140 d iltAetlfta
<br />My Commission expires: MP OONMEN
<br />sal 6M tsar, i
<br />...............ti•'�t,_ f�iii,tii ........
<br />�t 7 RLQUEST FOR RECONVLYAN('L
<br />To TRI.40 I I•
<br />The undar:iltncJ is rile holder of Ilrr note or note•..c•cured by chi; Ih•cd of 1rrt +t. Said acne• or rate., to1:011cr
<br />with all whcr mdublednev, wcwedby lilt% Decd u17 ruc1, have het•ti Iutid in full Ynrt arc hc•IC17c (filv0cd to.anccl .aid
<br />tole err note" ,tnd tim Deed 47! 1 to *t, cehtih arc• dc•heercd hCICI)N. and it, rc„nrc(- c, % %1,110111 .111 0W r�t.n,
<br />n +rw held try }nu ❑trdet tin, t)ecd nt
<br />1111'r t,) lira• 110ct111 nr i,er.nn -ii rally , ntnlr,i ihc;rt,,
<br />11latc
<br />
|