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`I - ' so--106721- if the puller of sak is smoked, Trustee sbtali record a notice of default in inzcF�+unty its which arN, part of the Property Ls kocaled and shall mail copies of such notice in the manner prescribed b> applicable law to Borrower and to the utber persons prescribed by applkable law. After the time required by appiit'altie law. Trustee shall ghe publin nolkc of sale to the persons and in the manner prewrihed by applicable law. Trustee. withoul dentand on Borrower. shall sell The Property ai public auction to the bighesi bidder at the time and place and under The terms deAgnated in the notice of sale in tine or more parcels and to art) order Trustee determines. Trustee ma) postpone sale of all or aqv parcel of the Propet7.% b) publk anaottrwri eat at the tithe and place of an) pm%lously scheduled sale. Lender or 11% designee may purchase the Proptrrta at anti sale. Upon nveiipl of payment at the poise bid. Trustee shall deliver to The purchaser Trustee's deed conveying the Pooped,%. The recitals in the Trustee's deed shall 6e prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the fol owing order: la) to all expenses of the sale. including. but not Nm{ted to. Trustee's fees as permitted by applicable law and reasonable aitomeyx fees; (b) to all sums secured by this- Securit) Instrument; and (c) any excess to Ike person or petrsons legalb entitled to it. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of lute Properly. 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 rents, including, but. not limp u''d 10, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by 117iti.S4xiinly Instrument. 21. Reconveyatrtce. Upon payment of all sums secured by this Security Instrument, Lender shall rr.q! st. miter, to rec'om•ey the Property and shall surrender this Security instrument and all notes evidencing debt scc:urcO by d is Securty: Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the per.-on or persons legally entitled to it. Such person or persons shall pay any recordation costs. 22. Substitute Trustee. Lender, at its option. may from time to time remove Trustee and appoint a successor trustcf. to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is rei' X(SzJ- Without conveyance of the Property. the suc'cessrar trustee shall succeed to all the title, power and duties cenEerred ulrry; Trustee herein and by applicable law. 23. Request for Notices. Borrower requests tl:r;v:(.opics of the notices of default and sale be sent to which is the Property Address. 24. Rue *n to t b, Security instrument. if one or more riders are executed by Borrower and recorded together �4rt ir. this Security lnstrtarr ims- the covenants and agreements of each such rider sW Jl be incorporated into and sti- a?1 amend and', supplement the covimmmLs and agreements of this Security Instrument as if the ril is) were a pan of this SaxcL-azy instrument. [Check applicable boxS es)] Q Adjustable Rate Rider Condominium Rider 14 Faridlt Rider El Graduated Payment Rider . Planned Unit Development Rider Other(s) EspeL'ifyl BY SIGNING BELOW, Borrower accept: an-' germ to the terms and covenants contain. }C in tt-ii�s &vurity Imtrunnnt and its any rider(s) executed by Borrower and rec n."It l -a tb: v. Ay ♦s�� Z.� cs�•act Z1 e�L _ 7 %� lG ��(Seal) �"�`�'.f �. IMGrRY J WELLS 3crrower KATHLENE M WELLS Borrower (Seal) taeau OwtowOr •BOifllWf! ACKN0WLEDGMENT pp EE TIMOTHY J WELLS AND KA'1 Hl_EftE M WELLS Nil-"-R i– TARPOT . unWI ituat certain DevtiO of Trust dated NOVEMBER 24, 1990 , ("Wot (A Trw"Ito be entered inrlr among Trustor, COMMERCIAL FE:'ErAL BANK, A SAVINGS BANK ("Trustee ") and T. .,MMERCIAL FEDERAL. *.C:RTGAGE CORPORATION ( "Beneficiary ") cox,:rJig- rice 60�Uawing described rroperty: LEGAL DESCRIPTION: LOT G GILBERT S.VF OF BLK 1 GILBERTS 2ND SUB hereby acknowledge oast it is understood that: ,al, Deed of Trust to be executed by Trustor is a r-ru.st deed and not a mortgage and (b) the power of sale provided for vt die Deed of Trust provides substantially different egN:- and obligations to the Trustor than a mortgage in the event of a default of.breach of obligations. Trustor Acknonledges that thi. Acknowledgment -,cti_s ntade prior to the execution of the Deed of Trust. Executed and diS.1vicred thi, , 24TH day of NOVEMBER , 1:490 rttslt Tor TIM ' ELLS Trustor KAT4LENE M WELLS State of Nebraska ) tss: Count} of HALL ) The foregoing instrument has acknossledeed before me 1ht. 24TH day (i1• NOVEMBER 19 90 'hy TIMOTHY ) 'WELLS ANJi �ATHLENF M WELLS HUSBAND AliC'W:FE Witnc%% my hand and notarial .Cal at %I) iommrssion e�pui.: aru MICHELLE A& CALLANAN YyCenra E,a. � it,H12 tit paid l aunt.. the dare atore%at.i. !c +T - Kr- f }qtr c; i .r