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I <br />:.5 ,♦ trsrtrr� <br />•r.r, �irir.� <br />Via. .4u . <br />' 1 L. i1S 'h•..1,.., . f <br />' ;fit q . ,t "r.�• <br />5 �Si•i,�•.�;5 <br />J <br />.. {: ��.�� *1�1���.7i'���1�.,►.Fil tits- 'o1��t-..... .. <br />90-- 107255 <br />NON - UNIFORM COVENANTS. Borrower and I.ender further covenant and agree as follows: <br />17. Foreclosure Procedure, If Leader requires bentediate putynaeal is full under paragraph 9. Leader may Invoke the power <br />of sak ad any other remsedien permitted by applicable law. leader shall be entitled to collecl all exPeates luarred In Patsuinp <br />fees and costs of title evidence. <br />IY>e remedies Hader This paragraph IT. iacludlal, but not limited To. reasonable attorneys' <br />If The power of sale Is Invoked, Trustee shall record a mullet of default IN each county to wYkY any Parr of the Properly <br />Is located and shall trail copies of such Notice in the manner prescribed by applicable taw to Borrower and to the other persons <br />prescribed by applicable law. After The lime required by applicable law, Trtutee shall love public nonce of sale public the pectins <br />and In the "mum prescribed by applicable law. Trustee, without demand on Borrower. shall sell the Properly at n par auction <br />to the highest bidder at Ike time and place and under the terms designated in the notice of wle In one or more parcels and <br />in any order Trustee determines. Trustee may postpone sale of all or may parcel of the Properly by public announcement at <br />The time and place of any previously scheduled sale. lender or its designee may Purchase The Properly at any sale. <br />Upon receipt of Payaseal of the price bid. Trustee shall deliver to The purchaser Trualees deed conveying Ike Properly. <br />apply <br />The mcilals is the Trustees deed sYWI be pilaw facie evidence of tks including shat not erelTed to Trustee lee's fees <br />late proceeds of the sak In The foilewfull order: (a) to all expenses of the sale <br />as Perasllted by applicable law and reasonable attorneys' fees: (b) w NM sums secured by this Security Inslrumeal: mad (c) may <br />excess to the person or Persons kpay eatttkd to it. <br />11. Recoaveyaace. 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 />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 truster to <br />any Trustee appointed hereunder by an instrument recorded in the county in which this <br />and dotes instrument <br />onferred upon recorded. herein <br />conveyance of the Property, the successor trustee shall succeed to all the title, power <br />and by applicable law. <br />20. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address <br />wltich is the Property Address. "Borrower further requests that copies of the notices of default and sale be sent to the Per.Kta <br />set forth herein." <br />Acceleration Clause. Borrower agrees that should this Security Instrument and ` from the date hereof. Lender may, at <br />for insurance under the National Housing Act within sixty days <br />i:s : r ion and notwithnianding anvthing 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 Secretary dated subsequent to sixty day_ <br />from the date hereof, declining to insure this Securit+. instrument and the note tieeured 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 premium to the secretary. <br />Riders to this Secadly Instrument. If one or more riders are executed by Borrower and recorded ims the covenants <br />Security instrument, the covenants of each such rider shall be incorporated into and shall amend and sups l <br />and agreements of this Security Instrument as if the rider(s) were in a pan of this Security instrument. [Check applicable box(es)l <br />EJ Adjustable Rate Rider ❑ <br />Condominium Rider 1 Growing Equity Rider [� <br />(1 Planned Unit Development Rider Duraduated Payment Rider 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 />,C�„14 (Sea) <br />ephdn A. Whiles Borrower <br />____(Seal) <br />hlene A. Whiles - Borrower <br />_ Horr, wcr <br />Borrower <br />PUee ­14 <br />i <br />AC'KNOWLEDCiMENT <br />I Wc. Stephen A. �2it.es and Johlene A. ',Whiles (-Trustor"), under that certain IA�d of Trust dated <br />December 14, 1990 , (­Deed ti i;ru.I ) to he entered into among Trustor. National Bank of <br />Commerce Trust and Savings Association, 13th and "O" Street,Lincoln NE 68508. ("Trustee ") and <br />The Overland National Bank of Grand Island t" Beneticiary ") covering: the following described property: <br />LEGAL DESCRIPTION: Lot Five (5), it 311ek One Hundred Thirty —two (132), Koenig, and Wiebe's <br />Addition to the City of Grand Island, -aT 1 Cti�unty, Nebraska. <br />hereby acknowledge that it is understood that (at the 11 eru s,r T,-.,t r•,,, be executed be Tt uvor is a trust decd and not a mortgage <br />u...ut.'.....e,'"A r c ant 1111H9at ion% to the Trust or <br />and (b) the power of sale provided for rn the Men %'I! I rust ('ra•c.,I,,:.r• -u""As ua,.........� - -... .. <br />than a mortgage in the event of a detault of hre t, t of obhpaa, - :fc. <br />Trustor Acknowledges that this AcknowUlzment sots made prior to the execurt[g of l to Decd of 1 rust. <br />Executed and delivered this 14th ,iav of December <br />pen es __ .. i�u�l. <br />o ene /i. T�ilea <br />State of Nebraska, Hall Coaat) ss: .19 90 <br />The foregoing instrument was acknowledged bel'Ore -n_ IhN 14th da% ot. December <br />by Stephen A. Whiles and Johlene A. Whiles, husband and wife, it said hunts tite date atorcwid. <br />Witness my hand and notarial seal at Grand Island, Nebra a <br />CM=LVICHLM `lv connnission expires: <br />Ostia Er► Nrr 151!!b <br />K� <br />i <br />I <br />