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<br />88-101;Z04
<br />NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as rollows:
<br />19, Acceleration; Remedies. Lender shall 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: (n) the default; (b) the action required to cure the
<br />default; (c) a date, not less than 3& days from the date the notice is given to Borrower, by which the default must be cured;
<br />and Cd) 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 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 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 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 mail 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 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 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 tbe: 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 tins Security Instrument, Lender shall request Trustee to
<br />reconvey the Property and shall surrender this Security Instrument a'ld all notes evidencing debt secured by this Security
<br />Instrument to Trustee. Trustee s'hall'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. Lemler, at i1s 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 allthe'lide, 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 />::g) Adjustable Rate Rider 0 Condominium Rider . : 2-4 Family Rider
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<br />o Graduated Payment Rider 0 Planned Unit Development Rider
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<br />~ Other(s) [specify] Acknowledgement
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<br />BY SIGNtNG BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security
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<br />[Space Bejow ThIS L.ne For Acknowledgment)
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<br />STATE OF
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<br />NEBRASKA
<br />................6...............
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<br />COUNTY OF
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<br />HALL
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<br />The foregoing instrument was acknowledged before me this MARCH 11, 1988
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<br />(date)
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<br />KIRBY K. SMITH AN) KIMBERLEY A. SMITH HUSB1\ND AND WIFE
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<br />by .......,.......,..,.....,......,.................................,...,........................,..........,...
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<br />(person(s) acknowledging)
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<br />My Co
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<br />:c:;Si '.~IOTARY.Sta" of.....
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<br />Notary Public
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<br />nifs instrument was prepared by...... ,I., . ,l;Qb.Lu
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