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89102832
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Last modified
10/20/2011 1:52:41 AM
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10/20/2005 9:36:43 PM
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DEEDS
Inst Number
89102832
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1 <br />NoN-UNIFORMCOVENANTS Borrower and Lender further cov enant and agree as folkmS- 9� 102832 <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not less than 30 days from the date the notice is given to Borrower. 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 at:emleration of the sums <br />secured by this Security Instrument and sate of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other <br />defense of Borrower to acceleration and sale. It the defitult is not cured on or before the date specified in the notice, Fender <br />at its option may require immediate payment in full 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. Lender shalt be entitled to <br />collect all expenses incurred in pursuing the remedies provided in 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 record a notice 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 />other persons 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 manner prescribed by applicable law. Trusttv.. 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 in the notice of sale in <br />one or more plracets and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by <br />public Gait rmcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the <br />Property at any sale. . <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Pmperty. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trrustee 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 sums secured by this Security <br />rastrument; and (c) any excess to the person or persons legally entitled to it. <br />. . 20. Lender in Possession. Upon acceleration under paragraph 19 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 floe• Property including those past due. Any rents collected by Lender or the receiver <br />shall be applied first 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 aftomeys fees, and then to the sums secured by <br />t.1us Security instrument. <br />21. Reconveyance.. 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 all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty and withclar charge to the person or persons <br />�. <br />legally entitled to it. Such person or persons she!l pay any recordation costs. <br />22. Substitute Trustee. Lender. at its option, from time to time remove Trustcwe and a ?� ~' `- <br />p Y appoint a successor trustee r .•:,• -_ <br />many i rustee appointee hereunder by an instrument. recorded in the county in which this Security Instrument is recorded. ? ' <br />Without conveyance of the Property; the successor trustee sbz.F.1 succeed to all the title, power and duties conferred upon <br />Trustee hemn and by applicable lay'. <br />23. Request for Notices. Borrower requests that cop6m of the notices of default and sale be sent to Borrower's t; <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 agreements of each •such rider shall be incorporated into and shall amend and <br />supplement the covenants and agreements of this Security Instrument as if the rfder;(sl were a part of this Security <br />fastrument. [Check applicable box(es)] <br />Adjustable Rate Rider .❑ C'andominium Rider ❑ 24 Family Rider a .. <br />i ITtr. <br />Graduated Payment Rider ❑ Planned Unit Development Rider., . <br />❑ Other(s) [specify] . <br />BY SIGNi%G BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in any rider(s) executcdbd Borrower and recorded with it <br />S............................... ..................... .. ............ ....`.�'y %,/ ... ,......... ............. ... ............ .( (Seal) <br />Dennis D.-Hawkes Orfower <br />...... ............................... �Y°�c.�........ ......................:..(Seal) . <br />a;z - tior,omm <br />r <br />STA11- of N -HkAsK•1. Hall Count% s-,: <br />On this 2nd da% (•f June 1989 helore nic, the undvi%igned. if Notai% Public <br />duly commis%ioned and qualified for .aid county, personally canie Dennis D. Hawkes and Jeri Hawkes, <br />each in his and her own right, and as spouse of each other. , f„ file Ln+wfi it, he tt,.. <br />identical person(, ) %%ho,-v nanu•1%) ar: .uhc,•nhed to the forepoing imirunirnt and a,k film 1Cdecd tlu• e%c.ufun► <br />thocot io he their t011ntarN ,fit ,uid died. <br />R,tnes%my hand arid noianal.calai Grand Island, Nebraska n'.+i.lWn +if \.;he" <br />dale afnrr�a�d. <br />rM <br />RIO! I'SI if►k itIt f)%%I 1 1%t i <br />irhmaiR isle 03] <br />r, <br />r. r� <br />
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