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<br />88- 101035 <br /> <br />NON.UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. Lender sball give notice to Borrower prior to acceleration 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 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 8 court action to lIlisert 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 rem~-dies provided in this paragraph 19, including, but not limited to, <br />reasonable attorneys' fees and costs oftitle 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 such notice in the manner prescrib-2d 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 l!t 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 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 8ttorneys' 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 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 attomeys' 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 person~ <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 Securi'y <br />Instrument. [Check applicable box(es)] <br />~ 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 />[2g Other(s) [specify] Acknowledgement <br /> <br />By SIGNING BELOW, Borrower accepts and agrees to the terms and covenants ,contained in this Security <br />In","m~"nd in .ny rid,,(,) "".,01 by Borrow",nd =m"'" w. i,. ~.] <br /> <br /> <br />~."C.":.."....?,t;ff~,..,,,.,..,.(Seal) <br />Josiah E. Hutchison -Borrower <br />:Jcda./';cL-~ () Jlp7'zl2.t~-7::/ <br />.......... ,...",...,...,......." ,;z.,:...,..,..,.,..,...,....,..,.......,.,.,..,.,... .(Seal) <br />Patricia J. Hutchison -Borrower <br /> <br />ST A TE OF NEBRASKA, <br /> <br />Hall <br /> <br />County ss: <br /> <br />On this 26th day of February ,1988, before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came Josiah E. Hutchison and Patricia <br />J. Hutchison, Husband and Wife ________________________________ ,tomeknowntobethe <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, Nebraska <br />date aforesaid. <br /> <br />r---- <br /> <br />in said county, the <br /> <br />L <br /> <br /> <br />----.IIt."....U <br />W1lUAM L Me LEUAN <br />.., lliIIIIlIl bp. Au. 12, 1988 <br />To TRUSTEE: <br /> <br />The undersigned is the holder of lhe note or nOles secured by this Deed of Trust. Said note or notes, together <br />with all other indebtedness secured by this Deed of Trust, have been paid in full, You are hereby dirl'cll'd to cancd said <br />note or notes and this Deed of Trust, which arc delivered hereby, and 10 reconvey, without warrant\. all the eqate <br />now held by you under this Deed of Trust 10 the person or persons legally entitled thell'to. <br /> <br />l ~ <br />;; '1/ //"J~~ /,~ <br />{~.... ~ 1>/ . ~.A-." <br />~jC-:0,~:.~!. ,:':', .(/. .e,-.-/. ,~'.~~-..",..., <br />Notar\' I'ubli( <br />REQUEST FOR RECONVEYANCE . <br /> <br />c; <br />,. <br />~ <br />r"- <br />ea <br />lel <br /> <br />~ <br />h <br /> <br />Dale: <br /> <br />j... <br />.. <br />