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<br />88-100027 <br /> <br />r <br /> <br />NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />hreach of any covenant or agreemeni 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 ~h8n 30 days from the date the notice is given to Borrower, by which the default must he 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 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 not limited to, <br />reasonable attorneys' fees and costs oftitle 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 Rnd 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 of any 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 01 the sale in the following order: (a) to all expenses of the sale, including, but not limited <br />to, Trustee's fees as pernlitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons legally entitled to it. <br />20. Lender in Hossession. 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 /> <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 />OCX Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider <br /> <br />o Graduated Payment Rider 0 Planned Unit Development Rider <br /> <br />~ Other(s) [specify] Acknowledgement <br /> <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 />it.. . ..~.......Z..!...(9.~~.................(Seal) <br />KE NT. 0' CONNOR -Borrower <br /> <br />.......... .a:>'1:U..~....~~.....(seal) <br />DIANE K. 0' CON~~h' -Borrower <br /> <br />STATE OF NEBRASKA, <br /> <br />County ss: HALL <br /> <br />On this 31st day of Decenber ,19 87, before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came KEV I NT, 0 I CONNOR AND DIANE K. 0 I CONNOR <br />HUSBAND AND WIFE , to me known to be the <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution <br />thereof to be th i r voluntary act and deed. <br />Witness my hand ana notarial seal at Grand Is 1 and Nebraska in said county, the <br />date aforesaid. ' <br /> <br />r-- <br />, <br /> <br />1) 1tv/~. u./z /'J)! /{G... <br />. , , . , . . .1{,-/... .C.tA . (. ~~, . . , / < . { ., , " , ,\.,-; d'..ei...i,c, ,7. .L:: , <br />REQUEST FOR RECO!VEY ANCE NOlary Public- <br />I, <br /> <br />L <br /> <br />My C ~m",~.su: ~askli <br />~ __ CIlIa Ell- JIIr ~ 1918 <br /> <br />To TRUSTEE: <br /> <br />The undersigned is the holder of the nOle or noles secured by this Deed of Trus!. Said notl' or noles, togellH"r <br />with all other indebtedne~s secured by this Deed of Trust, have been paid in full. You an: hereby direcled 10 cancel said <br />nole or nOles and Ihis Deed of Trust, which arc delivered hereby, and 10 Icc()n\cy, wilhoUI warranly, all the eslall' <br />now held hy you under Ihis Deed of Trust to the person or permm legally elllitled Ihereto, <br /> <br />/ <br />~.. <br /> <br />Dale: <br />