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89100411
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Last modified
10/19/2011 4:32:09 PM
Creation date
10/20/2005 9:13:05 PM
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DEEDS
Inst Number
89100411
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I <br />i?3�•� }- i :i�ci:]Ft7 gg..,.e 100411 ,,, r, . <br />mod. ° =—iQ0308 <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement In this Security irtstrument (but not prior to acceleration under paragraphs 13 and 17 <br />voless spplicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not leas than 30 days from the date the notice Is given to Borrower, by which the default must be cured; <br />and (d) that failure to care the default on or before the date specified in the notice may result In acceleration of the sums <br />secured by this Security Instmment and sale of the Property. The notice shall further Inform Borrower of the right to <br />retasUte after acceleration and the rlgbt to bring a court action to assert the non-existence of a default or any other <br />defense of Borrower to acceleration and ale. If the default is not cured on or before the date specified In the notice, Lender <br />at its optioa may require Immediate payraeat to fall of all sum secured by this Security Instrument without further <br />demmW and easy invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses loran till in prsaulag the remedies provided in this paragraph 19, including, but not limited to, <br />reasonabIs attorneys' fees and coats 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 retail 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 law, Trustee shall give public notice of <br />sale to the pemi ns and in 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 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 />imbile utnouncement at the time and place of any previously scheduled sale. Leader or its designee may purchase the <br />Property at shy sale. <br />Upm receipt of payment of the price bid, Trustee shall deliver to the purchaer. Tresle 'a deed cottKeying the <br />Property. The recitals In the Trustae'a deed shall be prima fade evidence of the trath of the staCments made therein. <br />Trustee shall apply the proc"ds of the ule to the following ccatkrt (a) to all expenses of the sale, idtdtr ditrg, but ttstrt limited <br />ter, Trustees fees as permitted by applkable law and resson0k sEt eneW fees; (b) to all sums seetit:W by this Security <br />Instrument; and (c) any excess to the personor persons legall3r efi0dedtaa'le. <br />20. Lender to 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 rmnage 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, premiums on receiver's bonds and rwsonabte'attorneys' fees, and then to the sums secured by <br />this Security Instrument. <br />c <br />21. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request. Tntstee to <br />recuuveyr tide Property and shall surrender this Security Instrument and al t notes evidencing debt secured by this Security <br />rs <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons <br />Lewlyy end Ued to it. Sudh pMer -so ! e perons--W. I -pay art,- recardr:ian f oast, f _;fir zr <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 Instrument 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 request.. 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 Instrument. If one or more riders are executed by Borrower and recorded together with <br />this Security Instrumentolte covenants and agreements of each such rider shall be incorporated into and shall amend and <br />actppiixtteat the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security <br />Ittgttririiertt . {Check applicable box(es)] <br />Adjustable Rate Rider ❑ Condominium Rider ❑ 2-4 Family Rider <br />❑ Graduated Payment Rider ❑ Planned Unit Development Rader <br />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 />. <br />........................................................................................ <br />f............�. .........:._._...(Seal, <br />...........y . . <br />Richard Nesbit .... <br />Borrower <br />............................................ ............................... ... Annette M. Nabity:.... ..�(s a) <br />STATE OF NEBRASKA. Hall County ss: <br />On this`.. :.... 13th ;day of 3anuar<y" 19 89 , before rue, the undersigned, a Notary Public <br />duly commissfonedtand qualified far-said cotimy. per.soralfy,came Richard Nabity and Annette 1i. <br />Nabity, Husband and Wife , to me known to be the <br />identical person(s) 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 IsLa d, Nebraska in said county, the <br />date aforesaid. <br />dtMdman Notary I'uhhc �p <br />Nrttalta�Rla11if lW REQUEST FOR RECONVEYANCF <br />J.u: <br />To Titusr[r- <br />The undersigned is the holder of the note or notes secured by this Decd cat I rust. Said note or voto lovohct <br />with all other indebtedness secured by this Deed of'T'rust, have keen paid in toll. Vote ate hcrchN dircocd to caner} ":rest <br />note or notes and this Deed of "trust. which arc delivered herehy. and to reronvev, wrthow aarr.01111. all rho• r ,Imc <br />now held by you under this Deed ref 'trust to the person rut rcrumc lcgally entttled thcteto <br />
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