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89101541
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Last modified
10/19/2011 8:51:04 PM
Creation date
10/20/2005 9:23:32 PM
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DEEDS
Inst Number
89101541
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-:mss <br />r <br />L <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as fullows09— 1 O 1 5 41 <br />119. Acceleration; Remedies. Lender shall give notice to Pwrocver prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument Out not prior tq.aceeleration under paragraphs 13 and 17 <br />unless applicable law provides otherwise). The notice shall spedfjr, (ci), tiJG .Qgtqult; (b) the action required to cure the <br />default; (c) a date, not less than 30 days from the date the notice is given o.Nrrower, by which the default must be cured; <br />and (d) that failure to cure the default on or before the date specified in-the notice may result in acceleration of the sums <br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the.ri� to bring a court action ta.assert the non - existence of a default or any other <br />defense of Borrower to accelerati.4 slid sale. U the default; is not cured,on or before the date specified in the notice, Lender <br />at its option may�TeWre immediate pay7s at in full of all sums secured by this Security Instrument without further <br />demaad'and miy invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect:, all expenses incurred in pursuing the remedies proinded Its, 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 retard a nonce 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 />01her persons prescribed by applicable law. After the time required, by applicable law, Trustee shall give public notice of <br />side to the persons 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•pluce and under the terms designated in the notice of sale in <br />one or more parcels and in any order Trustee determines. Truttr+e may postpone sale of all or any parcel of the Property by <br />public announcement at the time and place of any previously sched"- sale. Lender or its designee may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid. Frastr a shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shatL be Urfiiza facie evidence of the truth of -the statements made therein. <br />Trustee shall apply the proceeds.off the uL- (a) to all expenses of the sale, including, but•not limited' <br />to. Trustee's fees as permitted by applicable law and i.-e ovAble attorneys' fees: (b) to all sums secured by this Securily . <br />instrument; and (c) any excess to the person or persons l MW-l} entitled to it. <br />20. Leader in Possession. Upon a: c e: C& r zr paragraph .19 or abandonment of the Property, Lender ('in <br />person, by agent or by judicially appointed receiver.} Rha @l be entitled to enter upon, take possession of and manage the <br />Property and to collect the rents of the P -.,-peHy including those past due. Any rents collected by Lender or the receiver <br />shall be applied fim to payment: of the cross F:•f management of the Property and collection of rents, including, but not <br />limited to. receivers fees, premiurns on receiver's bonds and reasonable attorneys' fees. and then to the sums secured by <br />this Security Instrument. <br />21. Reconveyance. Upon payment of all surns secured by this Security Instrument. Tender 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 without charge to the person or persons <br />legally entitled to it. Such person or persons shaMpay 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-title. power and duties conferred upon <br />Trustee herein and by applicable law. <br />23. Request for Notices. Borrower r•.quests 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 Instrument. the covenants and agmements of each such rider shall be incorporated into and shall amend and <br />supplement the covenants and agreement, of trait; Security Instrument as if the rider(s) were a part of this Security <br />Instrument. [Check applicable box(es)] <br />xi-Adjustable Rate Rider ; Condominium Rider 2-4 Family Rider <br />Graduated Payment Rider % Planned Unit Development Rider <br />IC <br />Others) [specify] ACiil`;t)ts►LEI)GEMENi <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 Eorrower and recorded wi it. <br />t , <br />>f ..��s.:it� .... ...............(Seal) <br />DONALD R FILLINGER — eoreower <br />/.!.�"le • .....Q.....L11.......,��C•iy ........................(Seal) <br />MARJOR A FILLINGER -- sor.ower <br />— - - - 1Spwe Below This Line for Acknowtedgmtrntl <br />STATE OF .. NI;BIMSKA ............ <br />COUNTY OF ...... ..................... ) 5S: <br />The foregoing instrument was ack*,a:.:cdeed before me this ....... <br />Lis� <br />by ..... J10NALR.B. F1L.4Lg.GLR,A.NP <br />My Commission expires: 12/28/89 <br />G911RU NOTARY-State of fflebraska <br />� ffDIINIE � I�UWf1TA <br />t s- tM tar:nt UP Oct A ign <br />(date) <br />MARJORIE A FI LL IN GER. HUSBAND AND WIFE. <br />. ... ..... , .. ......... <br />...................... <br />(person(s) ackn wledging) <br />Tiotary 1'ui�lr� <br />*Ttliv in ;:- t1r1' :r- prCpare,l h% .......................... ............................... ....................... <br />t. <br />i9t <br />r <br />I <br />
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