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F L t r 1 RE- RECORDED 89= 101373 100315 tights and benefits accruing to the Borrower under any and all oil and gas feasts on said ptemiow. with the fight to receive and receipt for the same and apply them to Bald indebtedness as well before as after default in the coadItioaa of this instrument, and the Leader may de• mand. rase for and recover any ouch payments when due and payable. but sling not be required so to do. Thb assignment is to terminate and become null_and void upon release of this instrument. 10. That the Borrower will keep the buildings upon said premises in good repair, and neither commit nor permit waste upon said land, nor suffer the std premises to be used for say unlawful purpose. 11. That if the promises, or any part thereof. be condemned under the power of eminent domain. or acquired for a public use, the damages awarded. the proceeds for the taking of, or the consideration for such acquisition, to the extent of the fug amount of indebtedness upon this instrument and the note which it is given to secure remain- ing unpaid. are hereby assigned by the ftn. wer to the Leader, and :Lvilbe paid forthwith to stud Lender td, Yee applied by the latter on • "66!caunt eSf ' cr :ytdt m :ts3{ itallmens ;fix such indebtedness. tiger furthet'iPM that sh;4E this saS+Ysn: and the' ;tibta secuiei .W. fcby not be eligible for -065ai `!ice radon Iioiuing Adtwiihin eight months from tbcdkia b=iif:!.'iAVi ten stair._ ,sett cf any officer of the Department of Housing avii L!'d= th r$--A t r the Seers of t and Ur. if the !tower of sale is invoked. Trusiev record a notice of default in each county in which any putt s.f lire Property is located and shall mail copies of such notice in the n-OPer prescribed by Olt' plicable law to Borrower and to the other pe:rvna prescribed by ap- plicable law. After the time required by applik-4ble law. Trustee shall give public nottee of sale to the persons and in ': he manner prescribed by applicable law. Trustee, without demand u; Burrower, shall x11 the Property at public auction to the highest bidder at the time and place and under the terms designated in the tuslity of a31c' in one et more paretts and in any order Trustee detvrmi tits. Trustee may postpone We of all or any parcel of the Property by public announce- meat at the time and place of any previously scheduled sale. fender or its designee may purchase the Property at any sale. Upon sceeipt of payment of the price bid. Tauter shall deliver to the purchaser Trustees deed conveying the Nrcperty. The recitals in the Trusters deed shall be prima facie ce idenev of the tntih of the statements made therein. Trustee shall apply the :_proecc h of the sale in the follwving order: (a) to all expensed of the sale, including but not lits;itedto. Trustees fees as permitted by applicable law and reasattr.Mej tpomoys fees; (b) to all su::- v.- .rrd by this Security- Itt- zunia�t: wzd (c) any excess to the perry;: sac persusu legally entitled ;;. Upoi'A �e3i Uoa =a .eT paragrapta 13 cr akzx :Went of tlic property, , La -rj9er fin person. by agent o.. M� j:s icis::y appointed 100elopment or au o aka o nary ISiab: Development dated su zett to the eight mantle � from the receiver) dWT be entitled to enter upn;a, t:r �e possession of and " •3atz of this jmwu rent, doalirinji to insure said note and this mort- manage the Property and to collect the rz::a of the Property incluiL g, • . gape. belnj.&=cd coot =�ve proof of vAh ineligibility), the Lender those past due. Any rents coNected by fender of the receiver shall be air hold" of ilea ssois mart,: alt its option, -diduse all su= secured applied Ekc�t to payment of the costs of ins-- gener :: �z. 0'hr Prupvrq y i i -it ly duo amlj� syable. Notwithstandi4 tine 6regoing. and cc seep=' of rents, Including, but z cc : 7=.iver's fees, . Ug!is optiata msy not be exer -led by the lender of tlmhrli= of the premises: oa receiver's bonds and reasomm. ,r ncys fees. and then note wham the atidigibWty for insurance under the Nstiaeafc Housing to the sums secured by this instrument. Act is due to 'the Leader's failure to remit the mortgage insurance premium to the Department of Housing and Urban Development. 13. That if the Borrower fags to make any payments of money when the same become due, or fails to conform to and comply with any of the conditions or agreements contained in this instrument. or the note which it secures. then the entire principal sum and accured interest shall at once become due and payable. at the election of the Lender. Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant or agreement in this instrument (but rat prior to acceleration under paragraph 12 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date. not lees than 30 days from the date the notice Is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date spedfied In the notice may result in acceleration of the slurs secured by this instrument and sale of the Property. The notice sball further inform Borrower of the right to reinstate after acalers- Un and the right to bring a court action to assert the non- esfstence of a default or any other defense of Borrower to acceleration and sale. If the defaWt Is not cured em or before the date specified in the notice, Lender at its option may require immediate paymeat in full of all lams secured by this Instrument without further demand and may in• voUa the power of sale and any other remedies permitted by ap. pikaWe law. Lender shall be entitled to collect all expeum Incurred in punwn= the remedlea provided in this paragraph f3', including, but not limited to, reasonable attorney's fees and costs of title evidence. 15. Upon payment of all sums secured by thts instrus: m-A. Lender shall request Trustee to reconvey the Property and shag surrender this Instrument and all notes evidencing debt secured by this instrument ty Trustee. Trustee shall recanveny the Property without warranty and without charge to the person or persons legally entitled to It. Such person or persons shall pay any recordation costs. 10. fender. at its option, may from ttnsv to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded In the county in mhich this instrument is recorded. Without conveyance of the Property, the successor truster shall succeed to all the title, power and duties conferred upon Truster herein and by applicable law. 17. Borrower requests that copies of the notices of default and sale be sent to Borrowers address which is the Prupurty Address. ls, if one or more riders are executed by burrower and recorded together with this instrument, the covenants and xgrowwnts of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this instrument as if the riders) we--k: a part of this instrument. 18. The covenants herein contail ed shall bind, and for benefits and ' advantages shall inure to, the respective heirs, execute, ad• mintstrators, successor$, and assigns of the parties hereto. Whenever used, the singular number shall include the plural. the plural the singular. and the use of any gender shall include all genders. By signing below, Borrower accepts and agrees to the terms covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with It. a on e z J�./ • � (seal) Mary G. Bre z State of Nebra4c County of -The G:c :t�Wr7g instrument was acbawlisdgnd betcre rrie this 16th day of ;q B9 ,by Calton L. Bra 1:2 and Nary G. Bretz* Hushes~ 3 and Wife MUM my hand arid 3"orlal seal at My commission expires: RM NOTARY-State of 1104M ROBERTA L NEED 1XV1WM.F*MV311I9W January Grand Island in said County. the date alusessid. Page 3 HUD- 92t4301 7 rill r' rr - :x=