<br />I
<br />
<br />10, Bortowe, Not ReI988ed; Fo,beo,once By Lende, Not 0 Wolve" Extension of the time for paymenl or modlhcatlon of amorhzallon Of Ihe sums secured by IhlS Secunty Inslrument
<br />grantod by Londer 10 any successor In Inleresl of Borrower shall not operate to release the liability of the angInal Borrower or Borrowo(s successors in Interost Lendor shall not be required
<br />10 commenco procoedlngs agan'st any successor In internsl or refuse to extend time for payment or otherwise modify amortIzation 01 tt1e sums socured by Ihls Security Instrument by reason
<br />of any domand made by the oriQihal BorroWer or Borrower's successors in interest. Any forbearance by Lender In exercIsing any nght or remedy shall 1101 be a waiver of or preclude the
<br />exorcise of any fight or remedy.
<br />11. Succeoso,s snd Assigns Bound; Joint and Seve,el Lioblllty: Co-signers. The covenants and agreemenls 01 Ihls Security Inslrumenl shall bifid and benelillhe successors and
<br />assluns of Lender and Borrower. subject to the proVisions of paragraph 17 _ Borrower's covenants and agreements shall be ,oint and several. Any Borrower who cQ4sIgns this Security Instrument
<br />bul dODS nol execute the Note: (a) is co.signing this Security Instrument only to mortgage. grant and convey that Borrower's mterest In Ihe Property under the terms of this Security Instrument:
<br />(b) IS nol personally obligated to pay Ihe sums secured by this Security Instrument; and (c) agrees Ihat Lender and any other Borrower may agree 10 extend, modify, forbear or make any
<br />accommodations with regard to Ihe terms of this Security Instrument or the Note withoutlhat Borrower's consent.
<br />12. Loan Chargn. If Ihe loan secured by this Security Instrument is subject to a law which sets mID"mum loan charges. and tMt law is finally Interpreted so that the interest or other loan
<br />charges collected or to be collected in connec~on with the loan exceed the permitted limits, then: (al any such ioan charge shall be reduced by the amount necessary to reduce the charge
<br />to the permitted lim~: and (b) any sums already collected lrom Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing
<br />the principal owed under the Note or by making a direct payment to Borrower, If a retund reduces principal. Ihe reducUon will be treated as a partial prepayment without any prepayment charge
<br />under the Note.
<br />13, Legislation Affecting lender's Rights, II enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable
<br />according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by thiS Security Instrument and may invoke any remedies permitted by paragraph 19.
<br />If Lender exercises this option, Lender shall take the steps sper.ified in the sl<COn<l paragraph of paragraph 17.
<br />14. Nollces, Any notico to Borrower provided for in tilis Security Inslrument shall be given by delivering II or by mailing it by first class mail unless applicable law requires use of another
<br />method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender, Any notice to Lender shall be given by first class mail to Lender's
<br />address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this SecUrity Instrument shall be deemed to have been given to Borrower or
<br />Lender when given as provided in this paragraph.
<br />1 S. Go_nlng Law: Severability. This Security Instrument shall be governed by federal law and the law of the Jurisdiction in which the Property is located. In the event that any provision
<br />or clause of this Security Instrument or the Note conflicts with applicable law. such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
<br />wilhout the conllicting provision, To Ihis end the provisions of this Security Instrument a'ld the Note are declared to be severable,
<br />16. BorTO_'s Copy, Borrower shall be given one conformed copy of the Nole and of this Security Instrument.
<br />17. Transfer 01 the Properly or a BeneflclalInlerestIn Borrower. If &11 or any part of the Property or any inlerest in it is sold or transferred (or if a beneficial interest in Borrower is sold
<br />or transferred and Borrower is not a natural persoil) without Lender's prior written consent. Lender may. at its option, require immediate payment in full of all sums secured by this Security
<br />Instrument However. this option shall not be exercised by Lender If exercise is prohibited by federal law as of the date of this Security Instrument.
<br />If lender exercises this option. lMder shall give Borrower notit'..e of accelefation. The notice shall provide a period of not less than 30 days from the date the notice is delivered or matled
<br />within whiCh Borrower must pay all sums secured by this Securtty Instrument. If Borrower fails to pay these sums plior to the expiration of this period. Lender may invoke any remedies permitted
<br />by this Securit-Y' Instrument without further notice or demand on Borrower.
<br />18. aorro-'s Right to Reln.tale. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to
<br />the earlier o!: (a) 5 days (or such other period as applicable law may specify tor reinstatement) before sale 01 the Property pursuant to any power of safe contained in this S5CUrity Instrument:
<br />or (b) entty of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the
<br />Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (e) pays all expenses incurred in enforcing this Security Instrument. including. but not limited
<br />to. reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument. Lender's righls in the Property and Borrower's
<br />obligation to pay the sums secured by this Security Instrument shall continue unchanged, Upon reinstatement by Borrower. this Security Instrument and the obligations secured hereby shall
<br />remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and aoree as follows:
<br />19. Accelenltion; Remedills, Lender shell give notice to Bo~ prior to accelerIItlon following Borro_r's breach of any covenanl or agn!elTl8llt in this Security Instrument
<br />(but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise), The notice shall speci1y: (a) the defeult; (b) the action "",uited to cure the
<br />default; (e) a dale. not leu than 30 days ftom the date the notice is given to 8orroInr, by which the defautt must be cured; and (eI) that failure to cure the default on or belore
<br />the date epecIfIed in the nollce may _ult In acceleration of the SUmll secured by this Security Instrument and sale of the Property, The notice shall further inform Borro_r of
<br />the right to relnetata after lICcelera1lon ond the right to bring a court action to aSMrt the nOlHlxls_ 01 a default or ony other defense of Borrower 10 acceleration and sale, If
<br />the default Is not cured on or before the date specified in the notice. lender allts option may require Immediate paymenlln full of all sums secured by this Security Instrument
<br />without further demIInd and may Invoke the power of..1e and any other remedies permitted by applicable law. Lender sholl be enlltled to collect all axpenses incurred in pursuing
<br />the IWIl8lIIn provided In thle paragraph 19. Including, but not Iimlled to. reasonable attorneys' f_ and costa of title evidence.
<br />" the powM' 01 .... Is Invoked, TrustH shall record a notice of default In each county in which any part of the Property is located and shall m!lil copies of such notice in the
<br />manfllll' ptWCribed by applicable I_to Borrower and to the o1her persons prescribed by applicable law. After the time required by applicable 1_. Truslee shall ;jive public notice
<br />01.... to tile persons and In the manner prescribed by applicable law, Trustee. without demand on Borro_. shell sell the Property et public auction to the highest bldeRr althe
<br />time 8t1d place and under the terms designated in the notice of .... in one Ot more parcels and in any order llu_ determiMS. Truatae may poatpone ..Ie 01 all or any parcel
<br />of the Property by public announcement at the time and place of any previously echecfuled sale. Lender or Ita designM may purchase the Properly at any sale.
<br />Upon .-Ipt of payment of the price bid. llu_ shall deliver to the pu~ llu_'s deed conveying the Properly. The rec:itIIls In the Tru.....s deed shell be prima facie
<br />evidence of the truth of the etatamenta made 1hentIn, Truatee shell apply the proceecIs of the eaIe In the following order: (a) to aUexpen_ of the ..... including. but notUmited
<br />to. llustw's fees .. permitted by applicable law and ....onabIe.-p. fees; (b) to aUsuma MCUrMI by thla Security Instrument: and (c) any exc:eu to the person or persons
<br />legally entitled to It.
<br />20. Lender In PosuseIon. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to
<br />enter upon, take possession 01 and manage the Property and 10 collect the rents 01 the Properly including thoSe past due. Any rents collected by Lender or the receiver shall be applied first
<br />to payment 01 the ~ts 01 management 01 the Properly and collecti:ll1 of rents, including, b:J1 not Iim~ed to, receiver's fees. premiums on receiver's OOnds and reasonable attorneys' fees, and
<br />then 10 the sums secured by this Security Instrument.
<br />21, "-""Yance. Upon payment of all sums secured by this Security Instrument. Lender shall request Trus'ee to reconvey the Property and shall 3urrender this Security Instrument and
<br />all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to
<br />it. Such person or persons shall pay any recordation costs.
<br />22. Substlluta llustw. Lender, at ~s option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the
<br />county in which thIS Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed tC' all the title, power "rod duties conferred upon Trustee herein
<br />and by applicable law.
<br />23. ~ for NotIces. Borrower requests that copItIS of the notices of default and sale be sent to Borrower's address which is the Property Address. Borrower further requests that
<br />copies of the notices of defaufl and sale be sent to each person who is a party hereto at the address 01 such :>erson set lorth herein.
<br />24. RicIera to thltl Security instrument. If one 0' more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such
<br />rider shall be incorporated into and shall amend and supplement the covenants and agreements ot this Security Instrument as il the rider(s) were a part ot this Security Instrument. [Check
<br />applicable box(es)]
<br />D Adjustable Rate Rider
<br />
<br />D Graduated Payment Rider
<br />
<br />D Other(s) [sper.ifyl
<br />
<br />88~r-
<br />
<br />10105a
<br />
<br />o Condominium Rider
<br />D Planned Unit Development Rider
<br />
<br />C 2-4 Family Rider
<br />
<br />BY SIGNING BELOW, Borrower accel'!s and agrees to the terms and covenants contaIned In this Security Instrument and in riaer(s) executed by Borrower and recorded with it.
<br />
<br />---// _,..-/1' ~ ,/ .' ~
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<br />(Seal)
<br />- Borrower
<br />
<br />.-4 \
<br />'i ' (1-1 ii/i>N )
<br />1
<br />
<br />(Seal)
<br />- Borrower
<br />
<br />[Space Below This Line For Acknowledgment]
<br />
<br />State 01 Neb!'aska
<br />:lc: 11
<br />County 01:
<br />
<br />On this
<br />
<br />").,
<br />r l
<br />
<br />Fph
<br />liavnan
<br />
<br />, 19~. before me, a Notary Public in the State of i'lebraska
<br />an;j ::he\TI ;:a'rian
<br />
<br />pe1Sl>flalty appeared
<br />
<br />"I-
<br />
<br />executed the same as
<br />
<br />/'.-.f) /
<br />/."l (
<br />NOTARY PUBliC
<br />
<br />r-----
<br />
<br />to me personally known to be the person(s) named in and who executed the foregoll'\g Instrument, and acknowledged that
<br />voluntary act and deed, , _ __ . ../ / ",
<br />
<br />My Commission Expires: I f',',\ c,.-,.'H"' Nol.ry-SlateoINe~ra.ka / ,{, ; L(
<br />"'; C1t~DY P ALU
<br />';::-.u -:- My Carom. Exp. tAi,y 21.199Q
<br />
<br />State 01 Nebraska
<br />
<br />55:
<br />
<br />L
<br />
<br />County of'
<br />On this
<br />
<br />day of
<br />
<br />. 19 _. before me, a Notary PubliC In the State of
<br />
<br />personafty appeared
<br />
<br />to me personally known to t>e the person(s) named In and who executed the foregoing Instrumen!. and acknowledged that
<br />vuluntary act and deed,
<br />
<br />My Commission EXplres
<br />
<br />e)'9cuted the sarna as
<br />
<br />NOTARY PUBLIC
<br />
<br />.'
<br />f.
<br />
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