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88101095
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88101095
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Last modified
3/9/2007 5:41:06 PM
Creation date
3/9/2007 4:31:10 AM
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DEEDS
Inst Number
88101095
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<br />88- 101095 <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />19. Acceleratlonj Remedies. Lender shall give notice to BorrmTer prior to acceleration following Borrower's <br />breach of Ilny covenant or agreement In tbis Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless oppllcable law provides otherwise). The notice shall specify: (a) the default; {b} tbe action required to cure the <br />defaultj (c) a date, not less tban 30 days from tbe date tbe notice is given to Borrower, by wbicb tbe default must 1M! cured; <br />and (d) tbat failure to cure the default on or IM!fore tbe date specified in the notice may result in acceleration of the sums <br />secured by tbls Security Instrument and sale of tbe Property. The notice shall further Inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court ection to assert tbe non-existence of a default or any otber <br />defense of Borrower to acceleration and sale. If tbe default is not cured on or IM!fore tbe 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 tbe power of sale and any other remedies permitted 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 a notice of default in each county in which any part of the <br />Property is located and shall mall copies of such notice in the manner prescribed 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 tbe terms designated in the notice of sale in <br />one or more parcels and in !lny 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 purcbase tbe <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee sball deliver to thl' purcbaser 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 proceed'! 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 col1ect 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 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, powei anC: 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 3nd 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 />r <br /> <br />o Condominium Rider <br />o Planned Unit Development Rider <br /> <br />o 2-4 Family Rider <br /> <br />BY SIGNtNG BELOW, Borrower accepts and agrees to the terms and covenants contained in Ihis Sccurity <br />Instrument and in any rider(s) executed by Borrower and recorded Wi:tJ,. <br /> <br />...~...........~:ra.d...l....~......._(Seal) <br />David F. Harders -80rrower <br /> <br />...~.....~....&....M.~.......................(Seal) <br />Debra J. Harders -80rrower <br />(Sp~ce Below This Une For "cknowledl1Mnt] <br /> <br />STATE OF NEBRASKA, ..... J:I~H. . . . . . . . . . . . . . . . . . . . . . ., County ss: <br /> <br />On this.. .qi~.. day of .. .;(l.Jttt('/f.-;......., 19.?tf, before rre, the <br />undersignedr a Notary Public duly commissioned and qualified for said county, <br />personally carre ...Q~YiQ.f,.ijq{Q~{~.qqq.O~U~q.J~.Ha4de4s~.husband.and.wife.. <br />;~S~.!~.~~~.~~q.~~~.q~.~~g~~.~~~.s~.~uP~.pj.~Ae.p~~r to me known to be the <br />identical person(s) whose name(s) are slIDscribed to the foregoing instrument <br />and acknowledged the execution thereof to be . .~h.~iI;. .. .. .. voluntary act and <br />deed. / /1 ) <br />. Witness illY hand and notarial seal at ...i.i;'(~!/~//).I.t.'t/t./........... in <br />said county, the date aforesaid. <br /> <br />L <br /> <br />My COm111SS10n Expues: <br /> <br />r--- <br /> <br />-- ,.~-:' ,/ . <br />/ /' 1 /..~: y,,' ,'7"? -/ I <br />. . . . . . . . . . .l.?. . '.I/. . ). .. ff:..,.<-.......... <br />t~ol a{y Pub 11 C <br /> <br />.... <br /> <br />bRAl. IOTAIIY..staft of ~ <br />. t!"RY K. RATHMAN. <br />. ..,-. ED Ikf ')f _ <br />
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