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t <br />_ ram- <br />$g.., 10219 3 <br />NoN•U Nl MR.M COYFNANTS. Borrower and Lender further covenant and agree as follows: <br />19. AccderatlfM4 RemedieL I,eoder shall give notice to Borrower prior to acceleration following Borrower's <br />breach of say cartoon or agreetuent In this Security lost moat (but not prior to acceleration coder paragrapbs 13 and 17 <br />unless applicable law provides otherwise). The ttotiee slot{ specify: W 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 fiilrae to ewe the default on or before the dale specified is the notice any result in acceleration of the sums <br />secured by this Security Instrument and sale of the Property. The notice shall fmtba inform Borrower of the right to <br />reinstate after acceleration and the right to bring a cant action to assert the non - existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice„ Lender <br />at its option may require immediate payment in fall of all sums secured by this Security Instrument without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Len der shall be entitled to`­. <br />collect all expenses incurred in pursuing the remedies provided in this paragraph 19, incit.ditn�Lybut not limited to, <br />reasonable attorneys' fees and costs of title evidevice. <br />If the power of sale is invoked, Trustee shall record a notice of defzJ- t in each county irA which any part of the <br />Property is located and shall mail copies of such notice in the manner presrn":;._-d by applicable licw :o Borrower jj�md to the <br />other persons prescribed by applicable law. After the time required by applie=s; a law, Trustee shA give publiit'notice of <br />sale to the persons and in the manner prescribed by applicable taw. Trust !_-c, without demand on Borrower, shall sell the <br />Property at public auction to the highest bidder at the time and place v :.b i :render the terms designated in the notice of sale in <br />one or more parcels and in any order Trustee determines. Trustee may p%tpone sale of all or any parcel of the Property by <br />public announcement at the time and place of any previously schedultd sale. Lender or its designee awy purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Tr-.ee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of Me truth of the statements trade 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 stuns secured by this Security <br />Instrument; and (c) my excess to the person or persons legAlly entitled to iL <br />20. Lender in Possession. Upon acceleration under paragraph lq 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 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 ftrct 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 reasonable attorneys' fees, and then to the sums sect-red by <br />this Security Instrument. <br />21. Reconveyanee. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security Instrument and a!1 notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warrr.; sty and without chart, 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 tirr.. :^ remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in th,° county in which this Security' nstr ument is recorded. <br />Without conveyance of the Property, the successor trustee shall succee. to all the [Ae, power and duties conferred upon <br />Trustee herein and by applicable law. <br />23. Request for Notices. Borrower requests that copies o f t he notice., of defaait 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 art: executed by Borrower and recorded together with <br />this Security Instrument, the covenants and agreements of each such rder shall be incorporated irto and shall amend and <br />supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security <br />Instrument. [Check applicable box(es)] <br />Adjustable Rate Rider E] Condominium Rider L] 2-4 Family Rider <br />Graduated Payment Rider F-1 Plann,xi Unit Development Rider <br />�] Other(s) [specify] Acknowledgement <br />li. SIGNING BELOW. Borrower accepts and agrees to the terms and covenants .:ont.ained in this Security <br />Instrument and in any rider(s) executed by Borrower and recorded with <br />............................. ................................. ..............................* :.......................(Sea! <br />)ar ell D. e <br />.,math <br />.................. ........................................................... I.......... �1: <br />v:... ^ :,f ....... .........................(Seal) <br />— aar�w.er <br />Hazel D. Smith <br />STATE OF NEBRASKA, Hall County ss: <br />Or. this 24th day of April 19 89, before me, the undet(.ign d, a Notary P•rblic� <br />duly commissioned and qualified for said county, personally came Darrell D. Smith and Hazel <br />D. Smith, 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 Island, Nebraska in said county, the <br />date aforesaid. <br />CHMS 1 . ^...1- .......... . <br />LRAM Notary Public <br />f OtCmi.EwDr 2t 1992 REQUEST FOR RECONVEYANCE <br />To TRUS IEE: <br />The undersigned ie the holder of the note or notes secured by this Deed of Trust. Said note or notes, together <br />with at: other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby,directcq to cancel said <br />note or note, and thk Deed of Trust, which arc delivered hereby, and to recomev, without warranty, all [tie estate <br />_now held by you under this Deed of Trust to the person or persons legally entitled thereto. <br />Date: <br />