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<br />88- 100240
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<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 />breacb of any covenant or agreement in tbis Security Instrument (but not prior to acceleration under paragraphs 13 and 17
<br />unless applicable law provides otherwise), Tbe notice sball specify: (a) the default; (b) the action required to cure the
<br />default; (c) a date, not less than 30 days from tbe date tbe notice is given to Borrower, by which the default must be cured;
<br />and (d) tbat failure to cure the default on or before tbe date specified in tbe notice may result in acceleration of tbe sums
<br />secured by tbis Security Instrument and sale of tbe Property. Tbe notice sball furtber inform Borrower of tbe 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 tbe date specified in tbe notice, Lender
<br />at its option may require immediate payment in full of all sums secured by this Security Instrument witbout furtber
<br />demand and may invoke tbe power of sale and any otber remedies permitted by applicable law. Lender sball be entitled to
<br />collect all expenses incurred in pursuing tbe 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 sball 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 tbe manner prescribed by applicable law to Borrower and to tbe
<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 tbe 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 tbe 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 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 sball 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 tbe proceeds of the sale in tbe 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) tu 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 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.
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<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 />D Adjustable Rate Rider 0 Condominium Rider D 2-4 Family Rider
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<br />D Graduated Payment Rider
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<br />D Planned Unit Development Rider
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<br />~ Other(s) [specify] Acknowledgement
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<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.
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<br />1:,~ '......... ,.(.... .... ..~........(Seal)
<br />Alan M. Heath -Borrower
<br />~&jlL,...o.:......//~........(SeaI)
<br />Tt.;1Jh" A. Heath -Borrower
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<br />STATE OF NEBRASKA.
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<br />County ss:
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<br />On this 13 day of January ,19 88, before me, the undersigned, a Notary Public
<br />duly commissioned and qualified for said county, personaliy came Alan M. Heath and Judith A. Heath
<br />Husband and Wi Fe ----------------------________________________ .10 me known to bc the
<br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution
<br />thereof to be their voluntary act and deed,
<br />Witness my hand and notarial seal at Grand Island, Nebraska in said county. the
<br />date aforesaid. ~ !
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<br />MYC'mm=::~~~::,: ~", 'H~d~~~N4~Lc
<br />MY & SAIIOSmOM REQUEST FOR RECONVEY AJ::E -
<br />lip ClIMt, ~ ~_~ 1~ i
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<br />To
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<br />Tlte IIndl"siKnl'd is tlte holder of lite note or notes secured by Ihis Deed of Trllst. Said nolc or nOlcs, logclhcr
<br />\\illt all otltl'l illlkhll'dlll'ss sel'lIIed hy Ihis Deed ofTrllsl,ltave been paid in filiI. You arc hereby direl'ICd to callcd said
<br />note 01 lIoll'S alld lhlS ()l'l'd of TIIlSI, whit'h arc delivered Itereby. and 10 reconvcv, withollt \\arralll\, all Ihc c"lalc
<br />now held hy you IlIlIkl IllIS Ih'cd of Tlllsl 10 lhl' pCISOIl or persons legally elllitlcd Iherelo.
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<br />Dale:
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