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<br />r- <br /> <br />'L <br /> <br />I <br /> <br />I <br /> <br />87-107299 <br /> <br />NON.UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. Lender sball, 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 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 shalHurther 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 fuiI of all sums secured by this Security Instrument 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 nllt limited to, <br />reason~le attorneys' fees and costs of title nidenc:e. <br />If the power of sale is invoked, Trustee sbaII record a notice of default in each county in which any part of the <br />Property is located and shall mail copies of sucla 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 presc:rihed by applicable law. Trustee, without demand on Borrower,sball 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 panels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Propert). b)' <br />public announcement at the time and place of any previousl)' scheduled sale. Lender or its designee 1118)' purchase the <br />Property at any sale. <br />Upon receipt of pa)'lDent of the price bid, Trustee shall deliver to the purchaser Trustee's deed conve}ing the <br />Property. The recitals in the Trustee's deed shaH be prima facie evidence of the truth of the statements made therein. <br />Trustee sballlipJlly 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 b)' applicable law and reasonable attorne)'S' fees; (b) to all sums secured b}' this Securit)' <br />Instrument; and (c) any 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 attomeys' fees, and then to the sums secured by <br />this Security Instrument. <br />21, RecoIlveyance. 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 e\'idencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Propeny \\ithout warranty and without charge to the person or persons <br />legally entitled to it. Such person or persons shall pay any recordation rosts. <br />22, Substitute Trustee. Lender, at its option. may from time to time remo\'e 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 hcrein and b)' applicable law. <br />23. Requat 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 Seaarity Iastnmaent. If one or more ridcrs are executed by Borrower and recorded together \\ith <br />this Security Instrument, the co\'enants and agreements of each such rider shall be incorporated into and shall amend and <br />supplement the co\'cnants and agreemcnts of this Security Instrument as if the rider{s) were a part of this Security <br />Instrument. [Check applicable box(cs)) <br />o Adjustable Rate Rider 0 Condominium Rider n 2-4 Family Rider <br /> <br /> <br />o Graduated Payment Rider <br /> <br />[] Planned Unit De\'elopment Rider <br /> <br />KJ Other(s) [specify) ACKNOl1llEDG!I1ENT <br /> <br />By SIGNtNG BELOW, Borrower accepts and agrees to the terms and co\'enants contained in this Security <br />Instrument and in any rider(s) executed by Borro\\'er and recorded \\ith it. <br /> <br />~..~..~~.........,..,...(Seal) <br />GARY D. NOLAN ~ <br /> <br />....m.~J,..~...,jQ~:x=:,',...,.'.'.'.m.(Seal) <br />BOBBIE J. NOLAN ~ <br /> <br />STATE OF NEBRASKA. <br /> <br />County ss: <br /> <br />HALL <br /> <br />, before me. the undersigned. a Notary Public <br />GARY D. NOLAN AND BOBBIE J. NOLAN <br />, 10 me known 10 be Ihe <br />and acknowledged Ihe eXe\.'ulion <br /> <br />On this 17TH day of DECEMBER . 1987 <br />duly commissioned and qualified for said county. personally came <br />HUSBAND AND WIFE <br />identical person(s) whose name(s) are subscribed to the foregoing inslrument <br />Ihereof to be THEIR voluntary aCI and deed. <br />Witness my hand and nOlarial seal al GRANO ISLAND, NEBRASKA <br />date aforesaid. <br /> <br />in said ,'ounIY, the <br /> <br /> <br />My Commission expires: <br /> <br />(!J. ;;z., ~~~ <br />. .,. ....... ....... ...... .......... .................... ... <br /> <br />.J:- .......-- <br />C.L lCAIIICIa <br />. ., .... fIJ lit 2l1ll <br />To TRllSTEE: <br />The undersigned is Ihe holde. of Ihe note ('. nole~ ~el'ured by Ihi~ Deed of Trll~1. Said nole 01 notl'~, togl,thcr <br />with all olher indebtcdncss scnned by Ihis Deed of Trust, ha\e been paid III filiI. \"'11 ale hen'by dill'(I('d t" (<In(l'I \<lId <br />note or lIoles and Ihis Deed of Trust, which aI<' dl'll\l'I('d twrrt" , and to ,,','on\(", '\IttWlIt wallanty, :,11 thl' I'qatl' <br />110,", held by YOlllludl'r thi, Dl"eo of Trllst 10 thl' pl'r~ou (1I rl"r~om k~alh ,'Illltkd thnl'lo, <br /> <br />~(\tat\ Publi..: <br />REQUEST FOR RECONVEYANCE ' <br /> <br />rF <br />"', <br /> <br />DalC' <br /> <br />--3 <br />