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a � <br />'J�ifi�fi0.:r t6 co 1 ..r fy „I +1 �yjyyZ tea r -1:.__ �i �Y{[ <5 i — d♦ <br />-��S >a1raA -J rr = �Witiliti �11!"� �-�• �Yll�l Ile - - ,{. �i�'�iewuif� `- <br />..T _�� e�r:�.., «- ra�i.�..as+..rr.. •....r r...l.� - t�.+..- �esa�!✓'�- -:w� ( - la i°^L'� <br />- -- <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 <br />- <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. <br />=� - <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 <br />L <br />excess to the peme or persons legally entitled to it. <br />t, %cyc+s* <br />%,N <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 <br />s' <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 <br />- <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 <br />` , =• `' <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 <br />j <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 -- <br />y <br />r <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. <br />S' <br />