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<br />r <br /> <br /> <br />l <br /> <br />87- 107052 <br /> <br />NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. l..ender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless appllcable law pr07ides otherwise), The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not less than 30 days from the date the notice is gilen to Borrower, by which the default must be cured; <br />and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security Instrument and sale of the Property, The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender <br />at its option may require immediate payment in full of all sums secured by this Security.lnstrument without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, <br />reasonable attorneys' fees and costs oUitle evidence, <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the <br />other persons prescribed by applicable law, After the time required by applicable law, Trustee shall. give public notice of <br />sale to the persons and in the manner prescribed by applicable law, Trustee, without demand on Borrower, shall sell the <br />Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in <br />one or more parcels and in any order Trustee determines, Trustee may postpone sale of all or any parcel of the Property by <br />public announcement at the time and place orany previously scheduled sale. Lender or its designee may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property, The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein, <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited <br />to, Trustee's fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Security <br />Instrument; and (c) Rny excess to the person or persons legally entitled to it. <br />20, Lender in P.ossession, Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in <br />person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the <br />Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver <br />shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not <br />limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by <br />this Security Instrument. <br />21, Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons <br />legally entitled to it. Such person or persons shall pay any recordation costs, <br />22. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. <br />Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon <br />Trustee herein and by applicable law. <br />23, Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's <br />address which is the Property Address. <br />24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with <br />this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and <br />supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security <br />Instrument. [Check applicable box(es)] <br />o Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider <br /> <br /> <br /> <br />o Graduated Payment Rider <br /> <br />o Planned Unit Development Rider <br /> <br />CXJ Other(s) [specify) Acknowled']ement <br />BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in any rider(s) executed by Borrower and recorded with it. <br /> <br />........................................................................................ <br /> <br />~/(~~::!2 <br />~~d~m~ <br /> <br />........................................................................................ <br /> <br />STATE OF NEBRASKA, <br /> <br />Hall <br /> <br />County ss: <br /> <br />On this 2nd day of December ,19 87, <br />duly commissioned and qualified for said county, personally came <br />Kelly, Husband and Wife <br /> <br />identical person(s) whose name(s) are subscribed to the foregoing instrument <br />thereof to be their voluntary act and deed, <br />Witness my hand and notarial seal at Grand Island. Nebraska <br />date aforesaid. <br /> <br />before me, the undersigned, a Notary Public <br />Jeffrey W. Kelly and Nancy S. <br />, to me known to be the <br />and acknowledged the execution <br /> <br />,....-- <br />I <br /> <br />in said county, the <br /> <br />My Commission expires: <br /> <br />........... ,~.~..:?:., .~.4?~~............. <br /> <br /> <br />J:lIOlMlIDTMY-SlIlI" .... <br />C,L 1CAtIr,. <br />., c-. ~ ... 2l1. <br />o RlJ!>'TH, <br />The undersigned is the holder or the note or nOll'S secured by Ihis Deed or Trust. Said nOle or 1H1Ies. logether <br />with all other indehtednl'ss secured by this Del'd or Trusl, have been paid in full. You are herl'by dirl'cted to canerl snid <br />nOle or notes and this Deed or Trust, which are deliven'd herl'by, and 10 reconvey, wilhout \\'IHnlllIy. alllhl' eslale <br />now held by you under Ihis Deed or Trusl 10 Ihe person or pl'f\OnS legally l'nlillcd then'ln, <br /> <br />Notary Publk <br />REQUEST FOR RECONVEYANCE - <br /> <br />',.' <br />~. <br /> <br />Dale; <br /> <br />~'-_. <br />