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<br />88- 100585
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<br />NON.UNIFORM COVENANTS. Borrower and I.ender funher ((lvcn,IlH and ,Igr<.'t' as follows:
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<br />1<). Acceleration; Remedies. Lender shaH give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Secu.-ity Instrument (but not prior to an'deration under paragraphs 13 and
<br />17 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 noticc 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
<br />right to reinstate after acceleration and the right to bring a COllrt action to assert the non-existence of a default or any
<br />other defense of Borrower to acceleration and sale. If the default is not cured on or before the da~e soecified in the notice,
<br />Lender at its option may require immediate payment in fuB of all sums secured by this Security Instrument without
<br />further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be
<br />entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not
<br />limited to, reasonable attorneys' fees and costs of title evidence.
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<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, Trustce, without demand on BOl"fower, 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
<br />in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property
<br />by public announcement at the time and place of any previously scheduled sale, Lender or its designee may purchase the
<br />Property at any sale.
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<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 cvidclKe of the truth of the statements made therein.
<br />Trustee shall apply the proceeds of the sale in the following order: (a) to all expcnses of the sale, including, but not
<br />limited to, Trustee's fees as permitted by applicable law and reasonahle attorneys' fees; (bl to all sums secured by this
<br />Security Instrument; llnd (c) any excess to the person or persons legally entitled to it.
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<br />20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of rhe Propeny, Lender (in
<br />person, by agent or by judicially appointed receiver) shall be entitled ro elller upon, rake possession of and manage rhe
<br />Property and to collect rhe rents of the Propeny including rhose pasr due. Any rents collected by Lender or the receiver shall
<br />be applied first to payment of rhe costs of management of the Propeny and collection of rents, including; but not limited to,
<br />receiver's fees, premiums on receiver's bonds and reasonable artorneys' fees, and then ro the sums secured by this Security
<br />Instrument.
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<br />21. Reconveyance. Upon payment of all sums secured by rhis Securiry Insrrument, Lender shall request Truslee 10
<br />reconvey the Propeny and shall surrender this SecurilY Inslrument and all nOles evidencing debr secured by this Security
<br />Instrument to Trustee. Trustee shall reconvey the Propeny wirhour warranty and wirhour charge ro rhe person or perSOfiS
<br />legally entitled ro it. Such person or persons shall pay any recordation costs.
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<br />22. Substitute Trustee. Lender, at its option, may from lime to rime remove Trustee and appoirr a successor trustee
<br />to any Trustee appointed hereunder by an instrument recorded in lhe Cllunty in which this SecurilY Instrument is recorded.
<br />Without conveyance of the Propeny, the successor truslee sh,tll succeed ro alllhe tirle, power and duties conferred upon
<br />Trustee herein and by applicable law.
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<br />23. Request for Notices. Borrower requests thaI copies of the nOlices of default and sale be sent to Borrower's
<br />address which is the Property Address. Burrower further requests that copies of the notices of default and sale be sent 10 each
<br />person who is a pany herero at the address of such person sel foith herein.
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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 shali be incorporated into and shall amend and
<br />supplement the covenants and agreements of this Securiry Instrument as if the rider(s) were a pan of lhis Security
<br />Instrument. I Check applicable box( es).1
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<br />o Adjustable Rate Rider
<br />o Graduated Payment Rider
<br />o Other(s) I specify 1
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<br />o Condominium Rider
<br />o Planned Unir Development Rider
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<br />o 2.4 family Rider
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<br />BY SIGNING BELOW, Borrower accepts and agrees to lhe terms and covenants contained in this Securiry
<br />Instrument and in any rider(s) executed by Borrower and recorded wirh It.
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<br />. .)$...~...if.~...........(Seal)
<br />Ronald J. Smi t~ ...~ -Borrower
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<br />.~.'~Jj\~~.\ ~~......,.... (Seal)
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<br />Denise J. S~th -Borrower
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<br />[Space Below This line for Acknowledgment)
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<br />STATE OF NEBRASKA, .......... .I;l\!;l.~ . . . . . . . . . . . , . . . . . . . . . . . . .. County S5
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<br />On rhis ....... 22..nd . . . . .. day of .. .Iauuaxy. . . . .. , 1<) , ,88., before Ille, lilt, lIndnsigned. iI NOlary Public
<br />duly commissioned ar~d qualified for said counry, personally came. Roua.Ld .J., .Smith ,and ,Deu.:LseJ.., .Sm;i.th....
<br />. al..\fi~q .~P. ."llt~. . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , , , , . , . , ., ,10 Ille known 10 bt. lhe
<br />idenrical person(sl whose name(s) are subscribed ro the foregoing insrrument and acknowlt'dged I he t'Xl't III ion lIlt'reof 10 be
<br />. . . . . . . . . . . . . . thl'ti.r . . . . . . . . . . . . . .. volunrary act and deed.
<br />Witness my hand and notarial seal at .... .Gt"?A4 . J:/:l.l.crQ.~... .t'~ep;r:aska . , . . . . , . . , .. In \ald tOllnly. lilt' d'lle
<br />aforesaid.
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<br />My Commission expires: March 10, 1990
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<br />x.. .~~~..(... G,~.~...............
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<br />. Notarv Pllbllc . " ~ " ..
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<br />J:HMlIlTARY-Stalt 01 Ntllra\~.,j
<br />aIlE t OSTERMAI
<br />., CIlIa Eq. M.vdllo. 1~
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