|
<br />I
<br />
<br />88~-101222
<br />
<br />r
<br />
<br />10. Borrower Not Rerea~d; Forbearance By Lender Not a Waiver. Extension of Ihe lime for paymont or modification 01 amortizatIOn of the sums secured by this Security li;';lrurr.~ni
<br />granted by Lender to any successor In Interest 0' Borrower shall nol operate 10 release the liability of the onglnal Borrower or Borrowers successors In mterest. Lender shall not be reqUired
<br />to com. me nee proce.e~igllP,"ny successor in in.terest or refuse 10 extend lime for payment or otherwise modify amortization ollha sums secured by this Security Instrument by reac;on
<br />of any demand ~e' ,.~~Jil. Borrower or Borrower's successors In Interest. Any forbearance by Lender In exercISIng any right or remedy shall not be a waiver of or preclude the
<br />exerCise 01 any rr~o r edy. .
<br />11. Successors and Assigns Bound: Joint and Several Liability; Co.signers. The covenants and agreements of thiS Securrly Instrument shall bind and benefit the successors and
<br />assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be ]olnt and several. Any Borrower who cO-Signs thIS Security Instrument
<br />but does not execute the Note. (al is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers Interest in the Property under the terms of this Security Instrument:
<br />(b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend. modify. forbear or make any
<br />accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
<br />12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges. and that law is finally Interpreted so that the interest or other loan
<br />charges collected or 10 be collecled in connection with Ihe loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
<br />to the permi"ed limit: and (b) any Sllms already collected from 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 refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge
<br />under the Nole.
<br />13. Leglslstlun Affecllng Lender's Rights. If enactmenl or expiration of applicable laws has the effect of rendering any provision of the NOle or this Security Instrument unenforceable
<br />according to its lerms, Lender, at its oplion, may require immediate payment in full of all sums secured by Ihis Security Instrument and may invoke any remedies permittad by paragraph 19.
<br />If Lender exercises this oplion, Lender shall take the steps specified in Ihe second paragraph of paragraph 17.
<br />14, Nollces. Any nolice to Borrower provided for in this Security Instrument shall be given by delivering il or by mailing II by first class mail unless applicable law requires use of another
<br />melhod. The notice shall be direcled to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by lirst 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 />15, Governing Law; Seversblllty, This Security Instru,ndnt shall be govemed by federal law and the law of file jurisdiction in which the Property is located. In the event that any proviSion
<br />or clause of this Security Instrument or Ihe Note conflicts wllh applicable law, such conflict shall not affect o~her provisions of this Security Instrument or the Note which can be given effect
<br />without tha conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
<br />16, Sorrower's Copy. Borrower shall be given one conformed copy of the Nole and of this Security Instrument.
<br />17. Trensler 01 the Property or e Benellciallnterestln Sorrowsr. If all or any part of Ihe Property or any interest in it is sold or transferred (or II a beneficial Interest in Borrower is sold
<br />or transferred and Borrower is not a natural person) 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, Ihis option shall not be exercised by Lender If exercise IS prohibited by federal law as of the date of this Secunly Inslrument
<br />If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed
<br />within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of Ihis period, Lender may invoke any remedies permitted
<br />by this Security Instrument without further notice or demand on Borrower.
<br />18. Borrower'a Right to Reln.tate. If Borrower meets certain conditions, Borrower shall have the right to have enlorcement of this Security Instrument discontinued at any time prior to
<br />Ihe earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power ot sale contained in this Security Instrument:
<br />or (0) entry of a judgment enforCing this Security Instrumenl. Those COndiUons are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the
<br />Note had no accelereUon occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Inslrument. including, but not limited
<br />10, reasoneble attorneys' fees; and (d) takes such action as Lender may reasonaOly require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's
<br />obligalion to pay the sums secured by this Security Instrumenl shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and Ihe 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 furthe, covenant and agree as follows:
<br />19, Acceleration; Remedlea. Lender shsll give notice to Borrower prior to acceleration lollowing Borrowe,'s breach 01 any covenant or agreement In this Security Instrument
<br />(but not prfor to sccelerallon under paragrephs 13 and 17 unless applicable law provides otherwise). The notice shall speclty: (a) the deleult; (b) the action required to cura the
<br />delault; (c) a date, notles. thsn 30 days lrom the dste the notice Is given tn Borrower, by which the default must be cured; and (d) thatlallure to cure the dalault on or belora
<br />the date specified In the nollce may rasultln ecceleretion 01 the sums secured by this Security Instrument and sale 01 the Property. The nollce shell further Inform Borrower 01
<br />the rfghtto rafnstata after acceleration end the rfghtlo bring a court acllon to assert the nOlHlxlatence 01 a delault or any other delense of Borrowar to accelerallon and sale. II
<br />the deleult is not cured on or belora Ihe date specified In the notice, Lender at its opllon may requlra Immediate paymantln Iult 01 all sums secured by this Sllcurity Instrument
<br />withoutlurther demand and may Invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entilled to collect all expenses Incurred In pursuing
<br />the remedies provided In this psragreph 19, Including, but not limited to, reasonable attorneys' lees and costs olll1le evidence.
<br />lithe power 01 selo Is Invoked, lhlstee shall record a nollce 01 delaultln each county in which any part 01 the Property Is located and shell mall copies 01 such notice In the
<br />manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable lew. After \he time required by eppllcable lew, Trustee shall give puollc nollce
<br />of sale to the parsons and In the manner pres~ribed by appllcabte law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the
<br />lime and plsce end under the terms designated In the ~~lIce 01 sale fn one or more percels and in any order Trustee determines. Trustee may postpone sal~ 01 all or any percel
<br />of the Property by public announcement at the time and place 01 sny previously scheduled sale. Lender or Its designee may purchase the Property at any sale. -
<br />Upon receipt 01 payment 01 the price bid, lhlstee shall deliver to tha purchaser lhls1ee's deed conVllylng the Property. Tha recitals In the lhlstee's deed shsll be prima lecle
<br />evidence 01 the truth of the statement. made thereln, lhlstee shall apply the proceeds of the sale In the fOllowing order: (a) to all expen... 01 the sale, Including, but not limited
<br />10, lhlstee'a lee. as permItted by eppllcable law and reasonable attorneys' fan; (b) to all suma secured by thl. Securfty Instrument; ~nd (cl eny excess to the person or persons
<br />fegally enll1lad to It.
<br />20, Lender In Possession, Upon acceleraUon under paragraph 19 or abandonment of the Propet1y, Lende, (in person, by agent or by judicially appointed receiver) shall be entitleo to
<br />enter upon, take possession of and manage the Property and to collect Ihe rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied IIrst
<br />to payment of the costs of management of the Property and col!ecticn or rents, inch..:ding, blit rot limited 10. rM.eiver's fees. premiums on receiver's bonds and reasonable attorney~' (~s. and
<br />then to the sums seeured by this Security Instrument.
<br />21. RaconVllyance, Upon payment of all sums secured by this Security Instrument. Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and
<br />all notes evidencing debt secUlsd by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge 10 the person or persons legally entitled to
<br />it. Such person or persons shall pay any recordation costs.
<br />22, Substftute Truatee, Lender, at its option, may Irom time to time remove Trustee and appoint a successor trustee to any Trustee appoinled hereunder by an instrument recorded in the
<br />county in which this Security Instrument is recorded. Without conveyance 01 the Property, the successor trustee shall succeed t(' all the title, power and duties conferred upon Trustee herein
<br />and by applicable law.
<br />23, Request for Notices, Borrower requests that copies of the notices of defaull and sale be sent 10 Borrower's address which is the Property Address, Borrower further requests that
<br />copies of the notices of default and sale be se"t 10 each person who is a party hereto at the address ot such person set forth herein.
<br />24. Riders to thla Securfty Instrument. If one or 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 of this Security Instrument as it the rider(s) were a part of this Security Instrument. [Check
<br />applicable box(es)]
<br />D Adjustable Rate Rider
<br />
<br />D Graduated Payment Rider
<br />
<br />D Other(s) [specify)
<br />
<br />;-:;t~:_-:
<br />,--,\'/,::;:,
<br />
<br />
<br />11~
<br />
<br />,t"~
<br />fJ'
<br />l;,~
<br />
<br />D Condominium Rider
<br />D Planned Unit Development Rider
<br />
<br />D 2-4 Family Rider
<br />
<br />BY SIGNING BELOW, Borrower accepls and agrees 10 Ihe terms and covenants contained In IhlS Secunty Instrument and In any rider(s) executed by Borrower and recorded With ,t
<br />
<br />j~ (// f~ J -;:;-(1:
<br />/
<br />, .,/
<br />--;/
<br />
<br />(Seal)
<br />- Borrower
<br />
<br />./
<br />
<br />-,
<br />
<br />~--!~'--!-(.'~ -'
<br />
<br />(Seal)
<br />- Borrower
<br />
<br />"
<br />[Space Below This Line For Acknowledgment]
<br />
<br />State of Nebraska )
<br />
<br />County of: Ha 11 l ss:
<br />
<br />On this -.Qt.h-. day of
<br />Jack
<br />
<br />personally appeared
<br />
<br />;;drch
<br />E. StollE"
<br />
<br />, 19 -..d.LL, betore me. a Notary Pub'ic in the State of J~phri'l <; k i'l
<br />
<br />to me personally known 10 be the person(s) named in and who executed the fcregoing instrument, and acknowledged that
<br />voluntary act and deed.
<br />
<br />executed the same as
<br />
<br />r'-
<br />
<br />L
<br />
<br />State 01 NebraSka
<br />County of: Hall
<br />On Ih,s 3th
<br />
<br />a GENERAL NOT ARY-SI.',oINebr
<br />.... JEANNE M SCHROER
<br />:i? M)<C"rnm, E,p.Jen. 29.1992
<br />~"-'.-..-..~..........-
<br />
<br />-..
<br />
<br />\,
<br />
<br />My Commission Expires:
<br />2.'\. ", -:::...
<br />
<br />NOTARY PUBLIC
<br />
<br />to me personally known te be the person(s) named in and whO executed the foregOing Instrument. and acknowledged that
<br />volunlary act and deed,
<br />
<br />My CommIssion Exptros \ - ; , .'\ .:'
<br />
<br />executed the same as
<br />
<br />
<br />55:
<br />
<br />personelly apj)eared
<br />
<br />day of
<br />'icrv
<br />
<br />:1arch
<br />Stolle
<br />
<br />,
<br />. 19~. before me. a Notary Public in the State of
<br />
<br />r~ebraska
<br />
<br />NOTARY PUBLIC
<br />
<br />,.
<br />r'
<br />h
<br />
<br />
|