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<br />10. ~ri~~ lJe,lea4~d:.ForbellrOnc. Oy Londer Not 9 Waiver. Extension ol the time lor payment or modification 01 amortIzation of the sums secured by this ?ecunty Instrument
<br />granted by Lender to any successor III Interest ul Uorrowor shall nol opornte 10 release the llablll!y of the anginal Borrower or Borrower.s successors In Interest. Lender snail not be .reqUlred
<br />to commence proceodmgs agOlnsl any succossor III Inlerosl or refuse 10 extend time for payment or otherwise modIfy amortlzallon althe sums secured by thiS Secunty Instrument by reason
<br />01 air! demand made by tho anginal BorrmvtH or Oorrowo(s successors Hl Interest Any forbearance by Lender In exerCISing any fight or remedy shall no! be a waiver of or preclude the
<br />exercise of any right or remody
<br />". Successors and ~8slgn8 Bound: Joint Bnd Several liability; Co.signers. The covenants and agreement::; '01 thiS Secunty Instrument shall bind and benefit the successors and
<br />assigns 01 Lender and Borrower. subject to thO prOVISions 01 paragraph 17 BorrOW13r"S covenants and agreements shall be JOInt afld several Any Borrower who co. Signs !hlS Secunty Instrument
<br />but does not execute the Note lallS CO. Signing thiS Security Instrumenl only to mortgage. grant and convey that Borrowers Interest In the Property under the terms of Ihls Security Instrument:
<br />(b) IS nol personally obligated to pay tho sums secured by thiS Security Instrument: and ICI agrees that Lender and any other Borrower may agree 10 extend, modify. forbear or make any
<br />accommodations With regard to the terms of this Si;cunly Instrument or the Note Without that Borrower's consent.
<br />12. Loan Charges. If the loan secured by this Security Instrument IS subject to a law which sets maximum loan charges. and that law IS finally Interpret9d 50 that the Interest or other loan
<br />charges collected or to be collected in connection With the loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by Ihe amount necessary to reduce the charge
<br />to !he permitted limit; and (b) any sums already collected trom Borrower which exceeded permitted Iimlls wl!l be refunded to Borrower. Lender may choose to make thiS refund by reducing
<br />the principal owed under the Note or ty making a direcl payment to Borrower. If a refund reduces principal. Ihe reducllon wl!l be Ireated as a parhal prepaymenl wlthoul any prepayment charge
<br />under the Note.
<br />13. Leglslallon Affecllng Lender's RIghts, If enactment or expirallon of applicable laws has the effecI of rendering any prOVISion of the Note or Ihls Security Instrument unenforceable
<br />acconling 10 .ts lerms. Lender. at ils optIOn. may reqUIre immediate payment in lull of all sums secured by Ihis Security Instrument and may Invoke any remedies permilled by paragraph 19,
<br />ff lender exercises this option. lender shall take the steps specified in the second paragraph of paragraph 17,
<br />14, ND-tlces. Any notice to Borrower provided for in thiS Security Instrument shall be given by delivering It or by mailing II by first class mail unless applicable law requires use of another
<br />mell1od. The notice shall be directed 10 Ihe Property Address or any olher address Borrower deSignates by notice to Lender. Any notice to Lender shell be given by firsl class mall to lender's
<br />address stated herein or any olher address lender deSignates by notice to Borrower. Any notice provided tor rn thiS Security Instrumenl shall be deemed to heve been given to Borrower or
<br />l!mder when given as provided in this paragraph.
<br />15. Governing Law; Se_ablllty. This Secunty Instrumant shall be govemed by federal law and the law of the lunsdiction rn which the Property is located, In the event that any prOVISion
<br />or clause oflhis Security Instrument or the Note conflicts with applicable law. SuCh conflict shall not affect other provIsions of Ihls Secunty Instrument or the Note which can be gIVen eHect
<br />without th(t confl:cting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
<br />16.. Borrower's Copy. Borrower shall be given cne conformed copy of the Note and of this Security Instrument.
<br />17. Transfer of the Property or a Beneficial Interest In Borrower. II a1l or any part of the Property or any rnterest rn It IS sold or transferred (or If a benefiCial interest in Borrower is sold
<br />Of transferred and Borrower is not a nalural person) without Lenders pnor wntten consent. Lenaer may, at ItS optlcn. reOUlre Immediate payment in full of all sums secured by this Secur1ty
<br />Instrument. However, this oplion shall not be exercised by lender if exercise is prohibited by federal lew as oflhe date at this Security Instrument.
<br />If lendar exercises this option, Lender shall give Borrower notice of acceleralion, The nohce shall prOVIde a pelled of not less than 30 days trom the date the notice IS delivered or mailed
<br />within which Borrower must pay ail sums secured by this Security Instrument. If Borrower fails 10 pay these sums prlO; to the expiration of thiS pened. Lender may Invoke any remedies permllled
<br />by this Security Instrument v/ithoul further notice or demand on Borrower.
<br />18. Borrower'a RIght to ReInstate. II Borrower meels certain condrtions. Borrower shall have ihe nghl to have enforcemeni of Ihis Security Instrument discontinued at any time prior to
<br />!he earlier of: (a) 5 days (or such other peried as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument:
<br />or (b) entry of a Judgment enforcmg lhis Security Instrument. Those conditions are lhat Borrower: (a) pays Lender all sums which then wOLId be due under this Security Instrument and the
<br />Note had no acceleration occurred; (b) cures any default of any other covenanls or agreements; (c) pays all expenses Incurred in enforcing this SecUrity Inslrument. Including, but not limited
<br />10. reasonable attorneys' fees; and (d) lakes such action as Lender may reasonably require to assure Ihat the lien of thiS Secunty Inslrument. Lender's rights in the Property and Borrower's
<br />obligation to pay the sums secured by this Security Instrument shall continue unchanged, Upon reinstatement by Borrower, thiS Security InSlrument and the obligations secured hereby shail
<br />remain fully effective as If no acceleration had occurred, However, this right to reinstate shall nol apply In Ihe case of acceleration under paragraphs 13 or 17,
<br />NON-UNIFORM COVENANTS. Borrower and lender further covenant a",1 agree as follows:
<br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In thIs Security Instrumenl
<br />(but not prior to acceleration unck.., paragrapbs 13 and 17 unl"" applicable law provIdes otherwIse). The nollce shall specIfy: (a) the defaull; (b) the action requIred to cure the
<br />defllUlt; (c) a date, not lese than 30 days from the data the nollce Is given to Borrower, by whIch the default must be cured; and (d) that failure to cure the default on or before
<br />the date speCified In the notice may rosult in acceleration of the sums secured by thIs Security Instrument and sale of the Property. The notice shall further Inform Borrower of
<br />the right to reinstate after acceierallon and the right to brIng II court action to assert the non...xlstence of a default or any other defense of Borrower to acceleration and sala, If
<br />the default Is not cured on or before the date specified In the notice, lender at liS option may require Immediate payment in full 01 all sums secured by this Security Instrument
<br />without further demand end may Invoke the power of sale and sny other remedIes permitted by eppllcable law. Lender shall be entitled to collect all expenua incurred in pursuing
<br />the remedietl provided in this paragnlph 19. including, but not limited to, reasonable attorneys' fees and costs of title evidence.
<br />If the power of safe Is Invoked. Trustee shall record a notice 01 default In each county In whIch any part of the Property Is located and shall mall copies of such notleo In the
<br />manner prescribed by applicable 1!IW to Borrower and to the other parsons prescribed by appllcablelew. After the time re<;uired by applicable law, Trustee shsll give public notIce
<br />01 !llI1e to the persons snd In the manner prescribed by applicable law. Trustee, without demand on Borrower. shall 11811 the Property at public auction to the highest bidder at the
<br />time and place and under the terms desIgnated In the notice of asle In one or more parcels and in any order Trustee determines. Trustee may postpone asle 01 all or any parcel
<br />of the Property by pUblic announ_nt at the time and plto':'<l of any prevIously scheduled sale. Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall dall_ to the purchaHl' Trustee's deed conveying the Property. The recltels in the Trustee's deed shall be prima facIe
<br />evldence of the truth of the stetements made thereln. Trustee shall apply lhe proceeds of the sale In the following order: (a) to all expenses of the sale, includIng, but not limited
<br />to, 1I'ustee's fees sa permltled by applicable law and reasonsble altonMlYs' fees; (b) to all sums lio8Cured by thIs Security Instrument; and (c) any excess to the peraon or persons
<br />legally entftIed to IL
<br />20. Lender In Possession, Upon acceleration under paragraph 19 'lI' abandonmenl of the Property, lender (in person, by agent or by Judicially appoinled receiver) shall be entitled to
<br />enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shell be applied first
<br />10 payment of the costs 01 management of the Property and collection of rente, 1""'0011'9, but not limited to, recaiver's feas. premiums on receivers bOnds and reasonable attomeys'fees. and
<br />then 10 the sums secured by this Security Instrument.
<br />21. Reconwyance, Upon payment of all sums secured by this Security Instrument. Lender shall request Trustee to reconvey the Property and shall surrender this Secunty Instrument and
<br />all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property wllhout warranty and Without charge to the person or persons legally entitled to
<br />it. Sl.och person or persons shall pay any recordation costs.
<br />22. Substitute Trustee. lender, al its option, may from lime to time remove Trustee and appoint a successor trustee 10 any Trustee appointed hereunder by an Instrument recorded In the
<br />county in which this Security Instrument is recorded. Without conveyance of the Property, Ihe successor trustee shall succeed 10 all the l1tIe. power and duties conferred upon Trustee herem
<br />and by applicable law.
<br />23. Request for Nollces. Borrower requests that copies of the notICeS of default and sale be sent to Borrower's address whlC>~ IS the P,operty Address. ~orrower further requests that
<br />copies of the notices of default and sale be senl to each person who IS a party hereto al the address of such person set forth here,",
<br />24. RIders to this Security Instrument. If one or more riders are executed by Borrower and recorded together wllh this Security Instrument. the covenants and agreements of each such
<br />rider shall be incorporated into and shall amend and supplement the covenants and agreements of thiS Security Instrumenl as if the nder(s) were a part 01 IhiS Security Instrument. (Check
<br />applicable box(esll
<br />o Adjustable Rate Rider
<br />
<br />o Graduated Payment Rider
<br />
<br />o Other(s) [specify)
<br />
<br />88~
<br />
<br />100715
<br />
<br />I
<br />
<br />o Condom,hlum Rider
<br />C Planned Unrt Development Rider
<br />
<br />o 2.4 Family Rider
<br />
<br />BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenanls conlained .n this Security Instrument and In
<br />')
<br />
<br />ny nder(sl execuled by Borrower a
<br />
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<br />ISeal)
<br />-Borrower
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<br />recorded With It.
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<br />(Seal)
<br />-- Borrower
<br />
<br />State of Nebraska
<br />
<br />ss:
<br />
<br />County of: ! I .~ 11
<br />On this '; day of c":'.
<br />personally appeared ') U -:; -:; (' 1: " .
<br />
<br />. 19~. before me. a Notary Public In the Slate of
<br />Lic'lten.,1~el' 10'1 :/i:'O:"fj Lic;1~C:1.1Lel'
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<br />to me personally known to be the person(s) named in and who executed the foregoing inslrument. and acknowledged that
<br />VOluntary act and deed,
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<br />executed the same as
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<br />My Commiss!On Expires:
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<br />Stete 01 Nebraska
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<br />County of: ''6:~c:;::..
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<br />ss:
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<br />NOTARY PUBLIC
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<br />
<br />On th.s
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<br />. 19 _. Defore me. a Notary Public In the State of
<br />
<br />day 01
<br />
<br />personally appeared
<br />
<br />to me personally known to be the person(s) named rn and who executed the foregOing ,nstrumenl. and acknowledged Ihat _
<br />voluntary act and deed
<br />
<br />_ execuled Ihe same as
<br />
<br />My CommiSSIOn Exp"es
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<br />i\. :>'..(!I,I '~Q',~y.)I1}t~ofN~br8,ka
<br />V'I -ClNDV i'A.U
<br />..:"" ......... My COfnln. tJCP,hiA)' 2l.1990
<br />
<br />NOTARY PUBLIC
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