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Xat _ <br />g�-- 106370 <br />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Foreclognm Praccdare. If !.ender requires Immediate payment in full under paragraph 9, Lender MAY invoke the power <br />of sak and &try other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing <br />the remedks under this paragraph 17. Including. but not limited to. reasonable attorneys' tees avid costs of title evidence. <br />If tie iwwer of sttk Is Invoked, TnWes shall retoO t• anttce of default In each county in which any part of the Property <br />Is located and shall mail copies of such notice in the ataxwr prescribed by oppllcttbk law to Borrower anti to the outer persons <br />prescribed by applicable lair. After the time required by applicable law, Trustee shall give public notice of sale to The persons <br />and in the manner presedbed by appUmbk law. Trustee, without demand on Borrower, shall sdi the Property at public auction <br />to the Iftbeat bidder at the time sad place and under the terms designated in the matiee of sale In one or more Parcel, and <br />in say order Trustee deteadnes. Trustee may postpone ssk of all or any parcel of the Property by public announcement at <br />the time and pl&m of any previously scheduled sale. Leader or its designee may purchase the Property at say sale. <br />Upon receipt of paymcat of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. <br />The meitals in the Trustees deed shall be prime tack evidence of the trutb of the statements made (herds. Trustee shall apply <br />the proceeds of the sak in the following order: (a) to gB expenses of the sale, Including. but sot limited to. Trustee's tees <br />as permitted by applicable law and reasosable attorneys' fees; (b) to all sums secumd by ibis Security instrument; and (c) any <br />excess to the perott or persons legally entitled to it. <br />ell, Recenveyanee. Upon payment of all suns secured by this Security Instrument, Lender shall request Trustee to reconvey <br />the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument <br />to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled <br />to it. Such person or persons shall pay any recordation costs. <br />19. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to <br />any Trustee appointed hereunder by an instrument recorded in the count} in %hick this Security Instrument is recorded. Without <br />conveyance of the Property. the successor trustee shall succeed to all the title. power and duties conferred upon Trustee herein <br />and by applicable law. <br />2l1. Request for Notkes. Borrower requests that copies of the notices of defaullt aa.d sale be sent to Borrower's address <br />which is the Property Address. "Borrower further requests that copies of the noting of default and sale be sent to the person <br />set forth herein." <br />• . Acceleration Clause. Borrower agrees that should this Security Instrument and the note secured thereby not be eligible <br />for insurance under the National Housing Act within sixty days from the date hereof, Lender may, at <br />its option and notwithstanding anything in Paragraph 9, require immediate payment in full of all sums secured by this Security <br />Instrument. A written statement of any authoslad agent of the Secretary dated subsequent to sixty days <br />from the date hereof„ declining to insure this Security instrument and the note secured thereby, shall be deemed conclusive <br />proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability <br />of insurance is solely due to Lender"s•failure to remit a mortgage insurance premitsnt to the secretary. <br />Riders to this Security Instrument, If one or more riders are executed by I:mrower and recorded together with this <br />Security Instrument. the covenants of each such cider shall be incorporated into and shall amend and supplement the covenants <br />and agreements of this Security Instrument as if the riders) were in a part of this Security Instrument. [Check applicable box(es)) <br />HCondominium Rider c`�__ Adgustable Rate Rider El Growing Equity Rider <br />Planned Unit Development Rider CJ Graduated Payment Rider El Other <br />BY SIGNING BELOW. Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) <br />executed by Borrower and recorded with it. <br />Witnesses: <br />(Seat). <br />t4$Ch J. Ons Bonowta <br />(Seal) <br />Let i L. Lyons - Borrower <br />(Seal) (Seal) <br />- Borrower - Borrower <br />(sage 4 of 4 <br />AC ION 0WLEDGMt -NT . <br />i /We,.' pUchael J. Lyons and Lori La Lyons.. , ("'T*rustbr'14 under that Lertain Deed of Trust dated <br />November 6, 1990 . ('" eml of Crust ") to be enwred into ari bng Trustor,. ffational. Bank of <br />Commerce Trust and Savings Association,, 13th and "0" Street„ Lincoln, LB 685Rrustee ") and <br />The Overland National Bank of Grand Island ("Beneficiary") covering the following desu ibed property: <br />LEGAL. DESCRIPTION: • <br />(see legal on first page of Deed of Trust) <br />hereby acknowledge that it is understood that (a) the Deed of Trust to be executed by Trustor is a trust deed and not a mortgage <br />and (b) the power of sale provided for in the Deed of Trust provides substantially different rights and obligations-to the Trustor <br />than a mortgage in the event of a default of breach of obligation. <br />Trustor Acknowledges that this Acknowledgment was made prior to the execution of the Deed of Trust. <br />Executed and delivered this 6th day of November .19 90 <br />Tnrsutt Michael J. Lyons r111Pt Lori L. Lyo s <br />State of Nebraska. Hall County ss: <br />The foregoing instrument «as acknowledged before me this 6th day of. November • 19 90 <br />by Michael J. Lyons and Lori L. Lyons, husband and wife <br />Witness my hand and notaria Nebraska in said County. the date aforesaid. <br />���11ibbtlrrb -/ <br />My commission expires <br />p 00t 1, SW 9,199e f %ary I rat h <br />KY <br />�zu . <br />L_Mm � . <br />