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°.etasr�eru�rr�titt <br />jF,.pilStiik . <br />I' j on• i� <br />1983 <br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. F'ondaare Procedure. If Leader requires Immtdiste payaseal in full under paragraph 9. Leader Way invoke the Power <br />of sale mad any other reinedles permitted by applicable low. lAwkr shall be ealilled to collect all expenses incurred Is punning <br />(Ike restedks under this paragraph 17, including. but got limited to. reasonable attorneys' fees and costs of title evidence. <br />if the power of sak Is Invoked, Trustee shall record a notice of d f .l in a bk ow tto In whit any <br />ind o t of <br />other opens <br />Is located and sleet; man copies of such aollce in the Wagner prawribed y PPS <br />prescribed law. After the time require <br />by applicable d by applicable law. Trustee shall give public nollce of sale to the person <br />:tad is lk <br />meow cribed by applicable law. Tntslee, without demand on Borrower, shall sell the Properly 611 ablk at <br />lter 11 sad <br />sad <br />to the higftat bidder at the b ate mad plan sad under Ike was dWIleated In the notice of sale In one or more parcels a <br />is any order Truster detemb es. Trustee may PoslPoae sale of all or any parcel of the Property by public announcement al <br />Ike lime and piece of any previously scheduled sale. Lander or ila designee may Purchase the Properly at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to Ilse purchaser Trustee's deed conveying the Properly. <br />The recitals in Me Trustee's deed shall he prima facie evidence of Ike truth of the statements made therein. Trustee shall apply <br />Ne proceeds of the stile in the following order: (a) to all expeasem of the sale. including, bat not lighted to. Trustee's fees <br />to permitted by applicable law and reasonable attorneys' fees; (b) to all stuns sectved by Ob Security ItMttrmgsemt: and (c) SAY <br />nass to she person or persons legally entitled to it. <br />18. Reeoaveyance. Upon payment of all sums secured by 1'64.s 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 county in which 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 />29. Request for Notkes. Borrower requests that copies of the notices of default and sale be sent to Borrower's address <br />J which is the Property Address. "Borrower further requests that copies of the notices of default and sale be sent to the person _ <br />set forth herein. <br />Acceleration amuse. Borrower agrees that should this Security Instrument and the note secured thereby not eligible <br />for insurance under the National Housing Act within sixty days from the date hereof. Lender r 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 authorized agent of the SL%t etary 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 optictrr. may not be exercised by Lender when the unavailability <br />of insurance is solely due to Lender's failure to remit a mortgage insurance premium to tlw :secretary. <br />Riders to this Security Instrument. If one m more riders are executed by Borrower and recorded together with this <br />Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants <br />and agreements of this Security Instrument as if the rider(s) were in a pan of this Security Instrument. [Check applicable box(es)) <br />(� Condominium Rider 0 Adjustable Rate Rider 0 Growing Equity Rider <br />0 Planned Unit Development Rider 0 Graduated Payment Rider Wa Other Exhibit E <br />riAddendum <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 />(Seal) <br />-Narrower <br />PnRe J ,.J J <br />2 _ /_ r �4' �L� :Seal) <br />Dale E. Bernth -Borrower <br />(Seal) <br />Mary Bernth •Bmrnwer <br />_'i5tal) <br />- Borrower <br />ACKNOWLEDGMENT <br />I /We, Dale E. Bernth and Mary Ann Bernth . ( "Trustor "), under that certain Deed of Trust dated <br />December 5, 1990 , ("Deed of Trust "t to be entered into among Trustor, Commercial Federal <br />( "Trustee ") and <br />Bank, A Federal Savings Bank , <br />The Overland Nate':' na1 Bank of Grand Island ( "Beneficing! ") covering the following described property: <br />LEGAL DESCRIPTION; (see legal description on front page of Deed of Trust) <br />hereby acknowledge that it is understood that (u) the Deed of Trusr ;o he executed by Truster :s a trust deed and not a msor:Faps <br />_ :_ .. _ .,.....1 .,r • r.,.......,vt,t.,....huantially different rights and obligations to the Trustor <br />and lb) the power of laic prt.vlueu ..,.......0 .- .. .-• _ • • _ - . <br />than a mortgage in the event of a default of t•rea,'r of obligation. <br />Trustor Acknowledges that this Acknowled rrent was made prior to the execution of the Decd of Trust. <br />uted and delivered this 5th day of December 19y90 / <br />Tru.lor Dale E. $erath Irll`11r a Ann Bernth <br />State of Nebraska. Hall Clung ss: <br />The foregoing instrument was acknowledged before me this 5th day ir1 • December 19 90 <br />by Dale E. Bernth and Mary Ann Bernth, husband and wife in �i3 t oun1� he date aforesaid. <br />Witness my hand and notarial treat at Grand Island, Nebraska <br />tif�L R1WIY•Shtt si 11ltu4 � <br />My commission expires MICHAEL VANICI •. �� � � f <br />Of ODM l Eap kilt 14 14!1 <br />ILi= <br />S <br />i(XWati ;/ <br />r <br />t <br />'I <br />jF,.pilStiik . <br />I' j on• i� <br />1983 <br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. F'ondaare Procedure. If Leader requires Immtdiste payaseal in full under paragraph 9. Leader Way invoke the Power <br />of sale mad any other reinedles permitted by applicable low. lAwkr shall be ealilled to collect all expenses incurred Is punning <br />(Ike restedks under this paragraph 17, including. but got limited to. reasonable attorneys' fees and costs of title evidence. <br />if the power of sak Is Invoked, Trustee shall record a notice of d f .l in a bk ow tto In whit any <br />ind o t of <br />other opens <br />Is located and sleet; man copies of such aollce in the Wagner prawribed y PPS <br />prescribed law. After the time require <br />by applicable d by applicable law. Trustee shall give public nollce of sale to the person <br />:tad is lk <br />meow cribed by applicable law. Tntslee, without demand on Borrower, shall sell the Properly 611 ablk at <br />lter 11 sad <br />sad <br />to the higftat bidder at the b ate mad plan sad under Ike was dWIleated In the notice of sale In one or more parcels a <br />is any order Truster detemb es. Trustee may PoslPoae sale of all or any parcel of the Property by public announcement al <br />Ike lime and piece of any previously scheduled sale. Lander or ila designee may Purchase the Properly at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to Ilse purchaser Trustee's deed conveying the Properly. <br />The recitals in Me Trustee's deed shall he prima facie evidence of Ike truth of the statements made therein. Trustee shall apply <br />Ne proceeds of the stile in the following order: (a) to all expeasem of the sale. including, bat not lighted to. Trustee's fees <br />to permitted by applicable law and reasonable attorneys' fees; (b) to all stuns sectved by Ob Security ItMttrmgsemt: and (c) SAY <br />nass to she person or persons legally entitled to it. <br />18. Reeoaveyance. Upon payment of all sums secured by 1'64.s 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 county in which 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 />29. Request for Notkes. Borrower requests that copies of the notices of default and sale be sent to Borrower's address <br />J which is the Property Address. "Borrower further requests that copies of the notices of default and sale be sent to the person _ <br />set forth herein. <br />Acceleration amuse. Borrower agrees that should this Security Instrument and the note secured thereby not eligible <br />for insurance under the National Housing Act within sixty days from the date hereof. Lender r 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 authorized agent of the SL%t etary 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 optictrr. may not be exercised by Lender when the unavailability <br />of insurance is solely due to Lender's failure to remit a mortgage insurance premium to tlw :secretary. <br />Riders to this Security Instrument. If one m more riders are executed by Borrower and recorded together with this <br />Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants <br />and agreements of this Security Instrument as if the rider(s) were in a pan of this Security Instrument. [Check applicable box(es)) <br />(� Condominium Rider 0 Adjustable Rate Rider 0 Growing Equity Rider <br />0 Planned Unit Development Rider 0 Graduated Payment Rider Wa Other Exhibit E <br />riAddendum <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 />(Seal) <br />-Narrower <br />PnRe J ,.J J <br />2 _ /_ r �4' �L� :Seal) <br />Dale E. Bernth -Borrower <br />(Seal) <br />Mary Bernth •Bmrnwer <br />_'i5tal) <br />- Borrower <br />ACKNOWLEDGMENT <br />I /We, Dale E. Bernth and Mary Ann Bernth . ( "Trustor "), under that certain Deed of Trust dated <br />December 5, 1990 , ("Deed of Trust "t to be entered into among Trustor, Commercial Federal <br />( "Trustee ") and <br />Bank, A Federal Savings Bank , <br />The Overland Nate':' na1 Bank of Grand Island ( "Beneficing! ") covering the following described property: <br />LEGAL DESCRIPTION; (see legal description on front page of Deed of Trust) <br />hereby acknowledge that it is understood that (u) the Deed of Trusr ;o he executed by Truster :s a trust deed and not a msor:Faps <br />_ :_ .. _ .,.....1 .,r • r.,.......,vt,t.,....huantially different rights and obligations to the Trustor <br />and lb) the power of laic prt.vlueu ..,.......0 .- .. .-• _ • • _ - . <br />than a mortgage in the event of a default of t•rea,'r of obligation. <br />Trustor Acknowledges that this Acknowled rrent was made prior to the execution of the Decd of Trust. <br />uted and delivered this 5th day of December 19y90 / <br />Tru.lor Dale E. $erath Irll`11r a Ann Bernth <br />State of Nebraska. Hall Clung ss: <br />The foregoing instrument was acknowledged before me this 5th day ir1 • December 19 90 <br />by Dale E. Bernth and Mary Ann Bernth, husband and wife in �i3 t oun1� he date aforesaid. <br />Witness my hand and notarial treat at Grand Island, Nebraska <br />tif�L R1WIY•Shtt si 11ltu4 � <br />My commission expires MICHAEL VANICI •. �� � � f <br />Of ODM l Eap kilt 14 14!1 <br />ILi= <br />S <br />i(XWati ;/ <br />r <br />t <br />'I <br />