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r L 89- 102503 NONUNIFORM COVENANTS. Borrowerand Lenderfurthercovenant and agreeasfollows: 19. Acceleradoa; Remedies. Leader shall Vve notice to Borrower prior to acceterstfwt fomwiag Borrower's brenci of say cotenant or sgreemeat Is this Security Iaatraimeet Mt not prior to acceleration wader paragraphs 13 and 17 unless applicable law provides otherwise). The notice shat! specitj. (a) the defaalt; (b) the action required to cure the default; (c) a date, not lean than 30 days [torn the date the notice is given to Borrower, by which the default must be cured; and (d) that fallwe to eve the default on or before the date specified in the notice may result to acceleration of the stars secured by this Security Inn t umeat and sak of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a coact action to assert the non- existence of a detatdt or any other defense of Borrower to acceleration and sale. If the default is not cared on or before the date specified in the notice, Lender at its option may require immediate payment in fall of all sums secured by thin Security Insbrnntent witbout further demand and may invoke the power of sak and any other remedies permitted by applicable law. Leader shall be entitled to collect all extpeases incurred is pursuing the remedies provided in this paragraph 19, tncludiag, but not limited to, ressosahk attorneys' fees and coat of title evidence. If the power of sale is ♦•voted, Trustee shall record a notice of default in each comity in w:& p;.; of the Property is located sad shat! mail copies dead notice is the mmum presen -bed by applicable law to Borrower and to the other persons prescribed by applicable law. After tie time required by applicable law. Trustee shall give public notice of sale to the persons and in the maaaer presedW by applicable law. Trustee, without demand on Borrower, shall- set♦:= tire: Property at public auction to the higbat bidder at the time and place and under the terms destgnated in the notice of sate to. one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by. public announcement at the time and place of say previously scheduled sale. Lender or its designer may purchase the . Property at any stale. Upon receipt of payment of the price bid. Trustee shall deliver to the purchases Trustee's: deer£ caiieyiig the Property. The recitals in the Trustee's deed shall be prima facie evidew of the trWh'of the statemetets trtme therein. Trustee shall apply the proceeds of the sale in the following or der. (a) to alt expenses of the sale, including, bt;t not limited to. Trustee's fees as permitted by applicable law sad ressonaW attorneys' fees; (b) to ali sums secured by this Security- Instrument; and (e) any excess to the person or persons legally entitled to it 20 Lender in Possession. Upon acceleration under paragraph 19 cr abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection, of teats, including, but not limited to. receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the suers secured by this Security Instrument. 21. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Tt astee to reconvey the Property and shall surrender this Security Instrument and an notes evideacing debt secured by afire Security Instrument to Trustee. Trustee shall reconvey the Property without warranri and without charge to the person or persons .' legally entitled to it. Such person or persons shall pay any recordation caste;.. k 22. Substitute Trustee. Lender, at its option, may from time to time remove: Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicabl0aw. 23. Request for Notices. Borrower requests that copies of the notices of default and We he sent ea. Borrower's address which is the Property Address. 24 Riders to this Security IrWn raceL If one er more ciders are executed by Borrower and recorded tugsther with this Security Instrument, the covenants and agreements efeach such rider shall be incorporated into and shall attend ard supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of th4 Security- Instrument. [Check applicable box(es)] ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 2-4 Fami'"t• fader ❑ Graduated Payment Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify) Rckrow'_Edgement By SIGNING BELOW. Borrower accepts and agrm to the terms and covenants contained in ilt"s Security Instrument and in any rider(s) executed by fio �otverand rWirded with ir: ......................................................... ............................... , / -:At ...... ....Sea John 0. •Bates - eoo.ry ........... . ............................................... .... ....... I................. .......................... (Sal) Sharon K. Bates — Borrower STATE OF NEBRASKA, Fall County ss: On this 1 Eth, day of flay , 19 89. before me, the undersigned, a Noi Ivy Public duly commissioned and qualified forsaid county, personally came John 04 Bates and Sharon K. Bates, Husbard and Wifs . to me known to he the identical person(s) whose nume(sp are subscribed to the foregoing instrument and acknowledged the execution thereof to be the.r "Itintaty act and deed. Witness my hand and notarial seal at Grand Island, Pie in said county. the date aforesaid. My Commission expites; iEBMI M1JY btY of rsta 1 LC42 JUN L11190VAN REOUI '-ST FOR RECONVEVANCt %"tafi Pub To * ow b &. lm The tite holder nt the note; or notes Secured by this [feed of trutit. Said aura U: notes, t,,,telhVr with all other irtsit "iWness secuted by this Deed of Trust, have lnrrt raid it full Ynit ;!r� herrh: directed to : ancel .,ue] note or ttcrte; .rttd aria [Iced of Trust, m-bich are delivered hetchv. and to reouu.c•., %.mimit .%atrtuet,:. Al ;ten co.ii: IIU�� held by you under tht� Dergl tit 1 r!t�t ts, eFa• n.., e� + 1.. - k. � p... •ii f %" i {t' G %i i'+ cFoiia i -iii lLit'Li t�tt't C!k Date. .t �df w�