|
• 89,.�." 102189
<br />NON - UNIFORM COVENANTS Porrower and Lender further covenant and apm as follmv
<br />19. A.ccelerat Remedies. Lender shall give safice to Borrower prior to acceleration fuiltwing Borrower's
<br />breach of my cove neat or sgreetraeMi in this Secarity laslrsswA l3 and 17
<br />unless appticable Nw pro. ides otherwise). The notice shall specify: W the default; (b) tk acdott required to rine the
<br />defeu:; (c) a date, not less than 30, days from the date the notice is liven to Borrower. by which the default roast be cured;
<br />and M that failure to care tine dr faalt on or before the date specified is the notice may result is acceleration of the sums
<br />secured by VAfs Security Instrtr a d and sale of the Property. The notice shall farther Inform Borrower of the right to
<br />reinstate after acceleration and the right to bring a coact action to assert the soatzittewce of a defaatt or any other
<br />defense of Borrower to acrelrfatina ao.l sale. If the dedssit is not curved on or before the date specified in the notice. I.endtr.
<br />at Its option may requirr. Iniomediate payment in full of all stems sec. by this Security Instrument without further
<br />demand and way le-roke 'dw. power of rate and any otber remedies perud"ed by applicable taw. Lender shal0k entitled to
<br />collect all expenses imrlsrred is prasuing the remedies provided in this paragraph 19, isdmdiag, but aoJ limited to,
<br />ressonabit attorneys' fe, and costs of title evidenm
<br />If the power of sale is invoked, Trustee sbaq record a notice of default in each county in which any part of the
<br />Property is located and shall marl copies of sneh notice in the manner prescribed by applicable law to Borrower and to the
<br />oth %r person_, prescribed by applicable law. After the time required by applicable law. Trustee shall give public notice of
<br />sale to the persons and in the mz nnzr 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 iq jbe��wotice of sale in
<br />one or more pareeb, and in xr..ty order Trm,tee determines. Trustee may postpone sale of all dr any parcel Met Property by
<br />public announcement at the time and place ,xf any previously scheduled sale. lender or its designee may purchase the
<br />Property at any sale.
<br />Upon rr.tipt of &wyment of &-e price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the
<br />Property. The recitals in the Trustee's (bred shall be prima facie evidence of the truth of the statements made therein.
<br />Trustee shall apply the proceeds of the svJe 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 ciorneys' fees; (b) to all sums secured by this Secui7ily
<br />Instrument; and (c) any excess to the person or persons legally entitled to it.
<br />20. Lender in Possessicn. Upon acceleration under paragraph: 19 or abandonment of the Property. Lender (in
<br />person, by agent or by judicial); appointed receiver) shall be entitled to enter upon, take possession of and manage the
<br />Property and to collect the re+its of the Property including these past due_ Any rents collected by Lender or the re -aver
<br />shall be applied first to payment of the costs of management of the Properly and collection of rents, including, bit not
<br />limited to, receiver's fees, premiums on receiver's bonds and reasonablc attorneys fees, and then to the sums secured by
<br />this Security Instrument.
<br />21. Reconveyanct. Upon paymr_nt of all sums secured by this Security lnstrunicni. Lender shall request Trustee to
<br />reconvey the Property and sh.:Il 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 shell 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 Instm.ment is recorded.
<br />Without conveyance of the Frorrwrty, the successor trustee shat) 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 Ix 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 at:d recorded together with
<br />this Sec�,rity Irutrument, the covenants and agreements of each such rider shall be incorporates into and shall amend and
<br />supplernrtt the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
<br />Instrument. [Check applicablebex(es)]
<br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 2-4 Family Rides —
<br />❑ Graduated Payment Rider ❑ Planned Unit Development Rider
<br />Others) [specify] Acknowledgement
<br />By SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security
<br />Instrument and in any riders) executed by Borrow -, and recorded with it.
<br />: �f,
<br />(Scat)
<br />....... .........................
<br />�.�et�ierilt -- eo..o..r
<br />......................................... ............................... ..... ir.t ................ (Scai;
<br />Susa�� L. °,�2therilt _eo•`o..a
<br />STATE of NEBRASKA.
<br />Hall
<br />County ss:
<br />On this 28th day of April , 1989 , before me, the undersigned, a Notary Public
<br />duly commissioned and qualified for said county, personally- came David Jl . Wetherilt and Susan
<br />L. Wetherilt, 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 se--*, at Crand Island, rw3trraska in said county, the
<br />date aforesaid. -
<br />My Commission expires: a-7, !YT `7
<br />6FdERAI iB1MYStm d 1 °.4�-
<br />1'
<br />Mill REQUEST FOR RECONVEI NC E votar> P�;btic
<br />g theca It An g 1�
<br />The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together
<br />with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said
<br />note or notes and this Deed of Trust, which are delivered hereby.taiid to reconvey, without warranty, all the estate
<br />now held by you under this Deed of Trust to the person or persons legally entitled thereto.
<br />Date:
<br />
|