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<br />r <br /> <br />88-100854 <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 ofany covenant or agreement in this 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 tbis Security Instrument and sale of the Property. Th~ 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 otber <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified In tbe 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 otber remedies permitted by applicable law. Lender shall 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 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 sucb notice in tbe manner prescribed by applicable law to Borrower and to the <br />other persons prescribed by applicable law. After tbe time required by applicable law, Trustee shllll give public notice of <br />sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrnwer, shall sell the <br />Prcperty at public auction to the highest bidder at tbe time and place and under the terms designated in the notice of sale in <br />one or more parcels Rnd in any order Trustee determines. Trustee may postpone sale of all or any parcel of tbe 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 he 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, 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.ossesslon. 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. Ruonveyance. 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. <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 /> <br />~ Other(s) [specify] Acknowledgment <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 recorded with it. <br /> <br />~~n4if.~m......~ <br />...~ ~~ \10 I 0: I =u....~:G.;~............(Seal) <br />1Mberl~~enny ~ -Borrower <br /> <br />STATE OF NEBRASKA, <br /> <br />Hall <br /> <br />County ss: <br /> <br />On this 19th day of February ,19 SB, before me, the undersigned, a Notary Public <br />duly commissioned and ~ualified for said county, personally came Bradley B. Kenny & Kimberly Dawn <br />Kenny, Husband & Wl.fe, subject to legal separation-----------------;-to-me known to be the <br /> <br />identical person(s) wJtose name(s) are subscribed to the foregoing instrument and acknowledged the execution <br />thereof to be thel.r voluntary act and deed. <br />Witnes~ my hand and notarial seal at Grand Island, Nebraska in said county, the <br />dale aforesaid. <br /> <br /> <br />My .J:com;=~~...... i .Q~. ~.It.~L;&.................. <br /> <br />DEIIORAH l. KIMBlE NOlary Public <br />.. CIlIa EIJ. ..... D, 1111 REQUEST FOR RECONVEYANCE <br /> <br />TO TRlISTEE: <br />The undersigned is the holder of lhe note or notes secured by this Deed of Trust. Said note or lIo1es. logethei <br />with all other indebtedness secured by this Deed ofTrnst, have bCl'n paid in full. You are hereby dill'cled to canl'l~1 said <br />nole or notes and Ihis Dced of Trust, which are delivered hereby, and 10 n:convey, without warranly, alllhe cst at\' <br />now held by you under this Deed of Trust 10 lhe person or persons legally enlitled thereto. <br /> <br />r--- <br /> <br />i"", <br />,,, <br />:. <br />-~ <br />v;,o.; <br /> <br />(~ <br /> <br />Date: <br />