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89100439
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Last modified
10/19/2011 4:37:33 PM
Creation date
10/20/2005 9:13:20 PM
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DEEDS
Inst Number
89100439
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F <br />NON-UNIFORM COVENAt37S. Borrower and Lender further covenant and agree as follows: 89"".100439 <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 Instrumeat (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 frost the date the notice is given to Borrower. by whkb the default must be cured; <br />and (d) that failure to cure the default on or before the date speti&d in the notice may result in acceleration of the sums <br />secured by this Security Instrument and sale of the Property. ]U notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non- existence of a default or any other <br />defense of Borrower to aecelerstion and ask. If the default is not cured on or before the date specified in the notice, Lender <br />of its option may require iantediate payment Is full of aH sums secured by this Security Instrument without further <br />demand and any invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses incurred In plarssing the re■adks provided In this parlWsph 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 law. Trustee shall give public noon of <br />sale to the persons and is the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sett e <br />Property at public auction to the highest bidder at the time and place and under the terms designated in the notice ofsak ii s <br />one or more pariels and In any order Trustee determines. Trustee may postpone sale of all or any parcel of the Propetty by <br />public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchaw the <br />Property at say sak. <br />Upon receipt of payment of the price bid, Tmatee shall deliver to the #%rchaser Trustee's deed conveying - ;ice <br />Property. The recitals is the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order (a) to all expenses of the sale, including, but not limited <br />to, Trustee's fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess 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 (-,n <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 Prapertti and collection of rents, including. but not <br />limited to, receiver's fees, premiums on receiver's bonds and reasopalb a attorneys fees, and then to the sums secured by <br />this Security Instrument. <br />21. Reconveyance. Upon payment of all sums secured by this Securky 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 Trttstee. Trustee shall'recon%vy the Property without warranty and without 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 Instrument is recorded. <br />Without conveyance of the Property, the successor trustee shall succeed to all the•litle, power and, duties conferred upon <br />Trustee herein anud.by applicable law. <br />23. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrow:ees <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 tvgetltea.uith <br />this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall, ame> id gird <br />supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Secarlity <br />Instrument. [Check applicable box(es)] <br />Adjustable Rate Rider Condominium Rider Family Rider <br />draduated Payment Rider Planned Unit Development Rider <br />Xin 01�het(s) .[specify) ACKNOWLEDGEMENT OF POWER OF SALE <br />BY SIGNING BELOw, Borf64-er accepts and agrees to the to nts ,contained i Security <br />Instrument and in any rider(s) executed by Borrower and reco rth it. <br />— Borrower <br />IVY i <br />............. - ........ . . . ............ .........................(Seal) <br />— Borrower <br />(Space Below This Lkw For Ackrawlestpnentl <br />NEBRASKA <br />STATE OF <br />. ............................... <br />HAIL SS: <br />DOUNtiY OF ................................ <br />117le foregoing instrument was acknowledged before me this. January 19, 1989 <br />......................... ............................... <br />by .......... _TIMOTHY C. PLATE aJ a TIM C. PLATE AND DEBRA O TE, HUSBAND AND <br />ifiE o irACfi "Orli... ................ <br />............ ............................... <br />on(s) acknowledging) <br />My Commission expires: <br />t „ Notary Pu io <br />Thl-, itv!rument uac prepared by- .. fV(�. I.. N11l mback <br />F 1 ] 'PVCOXNO�• � ............... <br />MANA NEBRALSIUI 6810 f. A <br />N <br />7 <br />n— <br />f. <br />rr <br />I <br />
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