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<br />1 <br /> <br />88- 100916 <br /> <br />r <br /> <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 <br /> <br />o Graduated Payment Rider <br /> <br />o Other(s) [specify] <br /> <br />o Condominium Rider <br />o Planned Unit Development Rider <br /> <br />C 2-4 Family Rider <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 />IN WITNESS WHEREOF, Borrower has executed this Mortgage, <br /> <br />'-...--' _/'i / <br />SL~~~()q~~d~. , . , . . , . . . . . . , . .. . , ~'B~;r~e'r <br />.. tA~. d...G~rkv..............,...... <br /> <br />~~e L. Gerdes) -Borrower <br /> <br />STATE OF NEBRASKA,. , , , . . , . Hctll. " . . , . . , . . . . . , , . . . , . , . . . . . , , . County ss: <br /> <br />L <br /> <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, <br /> <br />My Commission expires: <br /> <br />.".,.". DPjl',(lL.. .l.~1J~/tJ <br /> <br />I <br />R.' <br />~' <br />r!..(<. <br /> <br />~URAl. IIl1TMlYooSbIt of ..... <br />DnrAA WEBER <br />· ., - fJp. All. 25. ,. <br /> <br />Notary Public <br />