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<br />9Q-- 1OC748
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />17. Foreclosure Procedure. if Lender requires Immediate payment in full under paragraph 9. Lender may invoke the power
<br />(Seal)
<br />of sale and any other remedies permitted by applk'able law. Lender shall be entitled to collect all espenses incurred in pursufsg
<br />Borrower
<br />the remedies under this paragraph 17. Isdodiag, but not limited to, reasonable attorneys' fees and costs of title evidence.
<br />(Seal)
<br />If the power of sale Is Invoked. Trustee shall record a notice of default in each county in which any part of the Property
<br />.Borrower
<br />is located and dials nail copies of sech notice In the manner prescribed by applicable tar to Borrower and to the other persons
<br />T_(Seat)
<br />prescribed by applicable law. After tim time required by applicable Is%. Trustee shall (dive public notice of sale to the persons
<br />Rorroner
<br />and In the manner prescribed by applicable law. Trustee, without demand on Borrower. shall sell the Property at public auction
<br />to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels sad
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<br />In say order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at
<br />the time and place of any previously scheduled sate. Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid. Trustee Hera I deliver to the purchaser Trustee's deed conveying the Property.
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<br />The reellsh in the Trustee's deed shall be prime We evidence of the truth of the statements made therein. Trustee shall apply
<br />Me proceeds of the sale In the followfag order: (a) to all expenses of the sale, lacludink, but ant limited to. Trustee's fees
<br />Rs permitted by applicable lace; and m=crable attorneys' fees,, (b) to ag sums secured by this See"rIfy lintromeal: and (e) eop
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<br />excess to the peme or persons legally entitled to it.
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<br />M. Reconveyance. Upon payment of all sums 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
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<br />to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons tegally entitled
<br />_ , `; .� ' �•. :- - -°
<br />to it. Such person or persons shall pay any recordation costs.
<br />x'' '+.7"
<br />19. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint, a s1tEvmor trustee to
<br />any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instnnmr.omt is mcorded. Without
<br />conveyance of the Property, the successor trustee shall succeed to all the title, power and duties confenvd upon Trustee herein
<br />and by applicable law.
<br />20. Request for Notices. Borrower requests that copies of the notices of default and sale be sp.w to i %onower's address
<br />which is the Property Address. "Borrower further requests that copies of the notices of default and sale be seem to the person
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<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 />t•: _. -.: .f:
<br />its option and notwithstanding anything in Paragraph 9. require immediate payment in full of all gums secured by this Security
<br />" t' : r: s•,,?(. s .
<br />Instrument. A written statement of any authorized agent of the Secretary dated subsequent to sixty days
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<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 eser5:ised by Lender when the unavailability
<br />1
<br />of kusurance is solely due to Leader's failure to remit a mortgage insurance premium to the secretary.
<br />Ridaas to (ibis Securiirtv Instrument. If one or more rulers are t=uted by Borrower and rez -orded together with this
<br />Security Instncer, mr, the covemts of each such rider shall In incorporated into and shall amend anti supplement the covenants
<br />i
<br />and agreements of this Secunty Instrument as if the rider(-4 were in a part of this Security Instrument. FCheck applicable box(es)]
<br />0 Condominium Rider Adjustable Rate Rider F-1 Growing Equity Rider
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<br />CI' Ptwned Unit Development Rider Graduated Payment Rider El ocl;, :r
<br />BY S1CNIN'c3 BELOW Borrower accepts and agrees to the terms contaitneJ: in [ ?es Security tastruntent and 6,1 any rider(s)
<br />executed by i8',arr4wer and recorded with it.
<br />Witnesses:
<br />(Seal)
<br />Charlotte A.. Berst
<br />Page aryl
<br />Robert C. Berst and Donna L. Be
<br />1 /We, ,N�i]�5� a��ii a ar
<br />Edward Berst and Charlotte A. Berst, husband and("' riustvr iyi;
<br />t;
<br />•., under that certain Deed of Trust dated
<br />November 21, 1990 , ( "Deed of Trust ") to be entere Info among Trustor, National Bank of
<br />Commerce Trust and Savings Association, 13th and "0" Street, Lincoln NE 6$508( "Trustee ") and
<br />The Overland National Bank of Grand Island ( "Beneficiary ") covering the following described property:
<br />LEGAL DESCRIPTION: The East One —third (El /3) of Lots Five (5) and Lp- (6), in .Block Seven
<br />(7), in Hann's Third !addition to the City of Grand Island. Hall County, Nebr -ska.
<br />hereby acknowledge that it is undbrstood that (a)the Deed of Trust to be executed by l;ru, yr is a trust deed abd imt a mortgage
<br />and (b) the power of sale provided for in the Deed of Trust provides substantiaily diffeivrii rights and obligations to the Trustor
<br />than a mortgage in the event of a default of breach of obligation.
<br />Trustor Acknowledges that this Acknowledgment was made prior to the execution of the Deed of Trust.
<br />Executed and delivery this 21st day of November 1990
<br />�G(� iv`'
<br />Trust 1Ro ert Be st Irn.tof C arlotte A. a st
<br />f, . je
<br />r on ers TTrusEor Ea ara i5er t P - '1
<br />State of Nebraska. Hall Counl� ss: , xy
<br />The foregoing instrument was acknowledecd before me this ?1st da> .,f, November 1`1 90
<br />by Robert C. Berst and Donna L. ' Berst, husband and wife and Charlotte A. Berst and Edward
<br />$d nd wi e
<br />bne ?,my aan a�
<br />and, Nebraska in.atd ('aunt }, the dart aforesaid.
<br />SEEN My commission expires:
<br />\..tan 1'lll•II� y --
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<br />f Z.
<br />S'
<br />(Seal)
<br />Robber C. erst
<br />Borrower
<br />(Seal)
<br />Donna L. Berst
<br />.Borrower
<br />t•�.r _
<br />�R�dwsrd
<br />T_(Seat)
<br />Berst
<br />Rorroner
<br />Robert C. Berst and Donna L. Be
<br />1 /We, ,N�i]�5� a��ii a ar
<br />Edward Berst and Charlotte A. Berst, husband and("' riustvr iyi;
<br />t;
<br />•., under that certain Deed of Trust dated
<br />November 21, 1990 , ( "Deed of Trust ") to be entere Info among Trustor, National Bank of
<br />Commerce Trust and Savings Association, 13th and "0" Street, Lincoln NE 6$508( "Trustee ") and
<br />The Overland National Bank of Grand Island ( "Beneficiary ") covering the following described property:
<br />LEGAL DESCRIPTION: The East One —third (El /3) of Lots Five (5) and Lp- (6), in .Block Seven
<br />(7), in Hann's Third !addition to the City of Grand Island. Hall County, Nebr -ska.
<br />hereby acknowledge that it is undbrstood that (a)the Deed of Trust to be executed by l;ru, yr is a trust deed abd imt a mortgage
<br />and (b) the power of sale provided for in the Deed of Trust provides substantiaily diffeivrii rights and obligations to the Trustor
<br />than a mortgage in the event of a default of breach of obligation.
<br />Trustor Acknowledges that this Acknowledgment was made prior to the execution of the Deed of Trust.
<br />Executed and delivery this 21st day of November 1990
<br />�G(� iv`'
<br />Trust 1Ro ert Be st Irn.tof C arlotte A. a st
<br />f, . je
<br />r on ers TTrusEor Ea ara i5er t P - '1
<br />State of Nebraska. Hall Counl� ss: , xy
<br />The foregoing instrument was acknowledecd before me this ?1st da> .,f, November 1`1 90
<br />by Robert C. Berst and Donna L. ' Berst, husband and wife and Charlotte A. Berst and Edward
<br />$d nd wi e
<br />bne ?,my aan a�
<br />and, Nebraska in.atd ('aunt }, the dart aforesaid.
<br />SEEN My commission expires:
<br />\..tan 1'lll•II� y --
<br />y
<br />r
<br />f Z.
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