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<br />88- 100916
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<br />NON.UNIFORM COVENANTS. Borrower and Lender further covl'llalll alld agrcl' a~ follows:
<br />19, Acceleration; Remedies. Lender shall give notice to Borrowcr prior to accclcration following Borrower's
<br />breach of any 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 ;"equired 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 />aDd (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 Il\:celeration 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 Ilnd may invoke the power of sale and l'''y other remedies permitt2d 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 !I 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 preSl:ribed 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 highcst 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 scbeduled 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, 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 Possession. 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 pen;on or persons shall pay any recordation costs.
<br />22. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appomt 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
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<br />o Graduated Payment Rider
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<br />o Other(s) [specify]
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<br />o Condominium Rider
<br />o Planned Unit Development Rider
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<br />C 2-4 Family Rider
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<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.
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<br />IN WITNESS WHEREOF, Borrower has executed this Mortgage,
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<br />'-...--' _/'i /
<br />SL~~~()q~~d~. , . , . . , . . . . . . , . .. . , ~'B~;r~e'r
<br />.. tA~. d...G~rkv..............,......
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<br />~~e L. Gerdes) -Borrower
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<br />STATE OF NEBRASKA,. , , , . . , . Hctll. " . . , . . , . . . . . , , . . . , . , . . . . . , , . County ss:
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<br />On this.. .Htb.".".,. ,day of.. F.e:Qruar.y...... 19. .88, before me, the undersigned, a Notary Public
<br />due commissioned and qualified for said county, perso'lally came. .L.ar.r.y. A. . Ger.des, .& . Janice. .L. . . . . . . .
<br />., ~rct~!i.. oJJ.!iQ~l1.q .~l1ct .wife. .. .. ., ., .. ,. .. .. .. .. . . .. .. . . . , . . ,. .. . . . . . ., 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. ,the:ir. . . . . . . . , . voluntary act and deed,
<br />Witness my hand and notarial seal at. . . C,r:aIJP. ,I.s.l~nd, . Nebraska. , . . . . . . . . , . . .in said county. the
<br />date aforesaid,
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<br />My Commission expires:
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<br />~URAl. IIl1TMlYooSbIt of .....
<br />DnrAA WEBER
<br />· ., - fJp. All. 25. ,.
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<br />Notary Public
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