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<br />r <br /> <br />R~.RECORDED <br />87-107268 87-406068 <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 Ser.urlty Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides 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 given 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 acceteration 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 Instrument without further <br />demarlrl 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 of title 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 10 the <br />other persons prescribed by applicable law. Arter the time required by applicable law, Truslee 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 Ihe Property by <br />public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the <br />Property at any sale. <br />Upon receipt of pa)'ment 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 applir.able law and reasonable attorneys' fees; (b) to all sums secured by this Security <br />Insrrument; and (c) any excess to the person or persons legally entitled to it. <br />20. Lender in Possession, Upon accckration under paragraph I <) Ill' abandonmellt of the Property, Lender (in <br />person, by agent or by judicially appointed receiver) shall be entitled to enler upon. take possession of and manag,' Ihe <br />Property and 10 collect the rents of the Property including Ihose pasl due. Any rents collected by Lender or Ihe receiver <br />shall be applied first to payment of the costs of management of the Property and collection nf renls. IIlcludlllg. but not <br />limited to, receiver's fees, premiums on receiver's bonds and reasonable allomeys' fees. and then 10 the sums secured by <br />this Security Instrument. <br /> <br />21. Reconveyance. Upon payment of all slllllS sel'ured by this Secunty Instrument, Lender shall requesl Truslee to <br />reconvey the Property and shall surrender thiS Secul'llY Instrument and all notes evidencing debt secured by this Seeurlly <br />Instrument to Trustee. Trustee shall reconvey the Property withoul warranty and wilhout charge to thc person or persons <br />legally entitled to il. Such person or persons shall pay any recordation cosb <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 Securily 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 Instrllment. If one or more riders are exel'uted by Borrower and recorded tog~ther with <br />this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and <br />supplemelll the covenants and agreements of this Security Inslrument as if the rider(s) were a part of this Sec'urity <br />Instrument. (Check applicable box(es)] <br />[lg Adjustable Rate Rider "; Condominium Rider == 1-4 Family Rider <br /> <br />o Graduated Payment Rider ...J Planned Unil Developmenl Rider <br /> <br />~ Other(s) (specify) Adjustable Rate Assurrption Rider <br /> <br />By SIGf'o;ING BELO\\'. Borrower accepts and agrees to the lerms and covenants l'ontained in this Security <br />Instrument and in any rider(s) executed by Borrower and recorded with il. <br /> <br /> <br />tJ;r;~'!- ~~ tifJ ~:;~~::f'~~;{'r;;;;~;; /'/1. <br /> <br />1,.)fLXV. ()A~ \if:~ My Comm. Ex . -ID-~4lt.... :4...g..a?.:~~.~~~~..'....:...........4-Seal) <br />. .v.. E. MCC~ -Borrower <br />l()ld ;1/JIIU!t<AUU)' t1P.tJd_d j<-/f{) -!jk' <br />(1"--' 'rl [Space Below ThIS line For Acknowledgment) <br /> <br />l <br /> <br />ACKNOWLEDGMENT <br />We, John K. McCreery and Frances E. McCreery, Husband and Wife, <br />(-8orrower-), under that certain Deed of Trust dated October 16, 1987, <br />(-Deed of Trust") to be entered into amoung Trustor, Grand Lsland Abstract, <br />Escrow and Title Company, (-Trustee-) and Citicorp Mortgage, Inc. <br />670 Mason Ridge Center Drive,St.Louis, MO 63141 ("Beneficiary-) covering <br />the fOllowing described property: <br />Legal Description: See Front Page. <br />Hereby acknowledge that it is understood that (a) the Deed of Trust <br />to be executed by Trustor is a trust deed and not a mortgage and (b) <br />the power of sale provided for in the Deed of Trust provides substan- <br />tially different rights and obligations to the Trustor than a mortgage <br />in the event of a default of breach of Obligation. <br />Trustor Acknowledges that this Acknowledgment was made prior to the <br />execution of the Deed of Trust. <br />Executed and delivered this 16th day of October, 1987 <br /> <br />$). ~1'/:',.a~ <br />-- rustor John K./!'.te reery <br />SubSGt'ibed an _ .111'........ is <br />HM. 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