|
<br />r
<br />
<br />~~- 100303
<br />
<br />NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />19. Acceleration: Remedies. Lender shall give notlcl! to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in titls Security Instrument (bllt 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 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 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 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, 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 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 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, Trusteets fees as permitted 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 Fos.'iCSSion. 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 />11. 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 bl applicable law.
<br />
<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. Ridel'll to UliIl ~urity lutrIIIllellt. If one or more fillers are execUlea by DOrrOWl!f am:! fl!COfllt!L:IlOgt!rht!f wilh
<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 />~ Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider
<br />
<br />o Graduated Payment Rider
<br />
<br />o Planned Unit Development Rider
<br />
<br />;:"!
<br />
<br />M
<br />';1
<br />t~
<br />'~I\I
<br />
<br />,;:,~~
<br />':-.'
<br />
<br />.~
<br />.,1
<br />:-,
<br />:~
<br />-.
<br />"
<br />
<br />:fiI Other(s) [specify] Acknowledgement
<br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
<br />
<br />1~~=~',:~='.~:':~=I~:=':~bw.t2~m(~I)
<br />
<br />
<br />Gary W _ Pemberton -Borrower
<br />
<br />........ .............. ... ..,......, ....... ....,.,..,..... ........ ..... ............. ...,,(Seal)
<br />-Borrower
<br />
<br />STATE OF NEBRASKA,
<br />
<br />Hall
<br />
<br />County ss:
<br />
<br />On this 22nd day of January ,19 88, before me, the undersigned, a Notary Public
<br />duly commissioned and qualified for said county, personally came Gary W. Pemberton. an unmarried person
<br />, to me known to be the
<br />instrument and acknowledged the execution
<br />
<br />,.............-
<br />
<br />identical person(s) whose name(s) are subscribed to the foregoing
<br />thereof to be his voluntary act and deed.
<br />Witness my hand and notarial seal at Grand Island
<br />date aforesaid,
<br />
<br />in said county, the
<br />
<br />u
<br />
<br />t'*-=:=-I
<br />... .. fiIIIL -.... t _
<br />
<br />rtn~tvu;C 'IY) - 00: /J IJ - -~
<br />REQUEST' ~~~' ~~~ff~~~'~~~~'N~l~;l: r;'bli~ . . . . . ~ . . , . . . .
<br />
<br />:.:~
<br />.~
<br />I
<br />;..;1
<br />....
<br />~
<br />
<br />To TRUSTEE:
<br />The undersigned is the holder of the note or nates secured by this Deed of Trust. Said note or notes, together
<br />with all other indebtedness secured by this Deed of Trust, have been paid in full. You arc hrreby dirrctrd to cancel said
<br />note or notes and this Deed of Trust, which are delivered hereby, and to reconwy, without warranty, allthc ('''ate
<br />now held by you under this Deed of Trust to lhe person or persons legally entitled thereto.
<br />
<br />I'
<br />~.
<br />
<br />-./
<br />
<br />Date:
<br />
|