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<br />r <br /> <br />r- -0:::0 <br />~p~ <br />:z c:: <br />0:7:::0 <br />f~:: ~ <br />=0 <br /> <br /> <br />I ~ i <br /> <br /> <br />r: <br /> <br />r <br />C <br />)', <br />~- <br />~ <br />, :- <br />! " <br />u'...- <br />I <br />\ <br /> <br />.~ <br />I <br />1 <br />! <br />J <br />; <br /> <br />(j11-l0U1~ ;S <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 />breach of Rny covenant or agreement In th,s 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 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 ljhall 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 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 proceedlj of the sale in the following order: (a) to all expenses of the ~ale, including, but not limited <br />to, Trustee's 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 P.ossession. Upon acceleration lindeI' 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 Tents of the Property including those past due. Any rents collected by Lender or the receiver <br />shall be applied first 10 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. Lenaer, 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 succt'SSor 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 />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 />o 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 />IKJ 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 r.ecorded with it. <br /> <br /> <br />'''~''''''''..~~==.........(Seal) <br />~~ -Borrower <br />~ ~. K..':l..ehneF' }Ilo <br />...~..~:~~~<...........(Seal) <br />Roberta F. Kuehner -80rrower <br /> <br />STATE OF NEBRASKA. <br /> <br />Hall <br /> <br />County ss: <br /> <br />On this 9th day of February ,19 88. before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county. personally came Kenneth E. Kuehner, Sr and <br />Roberta F. Kuehner, Husband and Wi Fe ' 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 their voluntary act and deed. <br />Witness my hand and notarial seal at Grand Island Nebra k <br />date aforesaid. ' s a <br /> <br />.OJJ~<4r.6t.:~.....____. <br />NOlan' PublIC' <br />REQUEST FOR RECONVEYANCE . <br /> <br />r--- <br /> <br />in said county, the <br /> <br />My Commission expires: /1-.;1 3 -91 <br /> <br /> <br />6iIfMI. IiiTAliY-stR" IIIDb <br />DEBORAH L KIMBLE <br />.., OIM. ElIJ. ..... 21, 1.1 <br /> <br />The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, lugelhel <br />with all other indebtedness secured by this Deed of Trust, have been paid in full. You ar~ hell'by directed 10 c'ancd said <br />note or notes and this Deed of Trust, which are delivered hereby. and 10 reconvey. Wllhout warranlv. all1lhe (',tatc <br />now held by you under this Deed of Trust to the Ill'rson or persons le"ally enltlkd (heleto . <br /> <br />, <br />" <br />~.' <br />