|
<br />I
<br />
<br />10125.9
<br />
<br />10. Borrower Not Relsaoed: Forbearance By Lender Not a Waiver. Extension of the rime lor paymont or "lodilicalton or amorlizalion of the sums secured by this Security Instrument
<br />granted byJet41f('l:> tni t~es50r in interes~ 0' Borrower shall not operate to releasB the liability 01 the onglnal Borrowor or Burrower's successors In interest Len~er shall not be required
<br />to comm~ 'p\'OO8edlngsagainst any successor in interest or refuse to extend time for payment or otherwise modIfy amortization of the sums secured by this SecUrity Instrument by reason
<br />of any demand made by Ihe original 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 of any right or remedy.
<br />11. Successor. and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and
<br />assigns 01 Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be JOlOt and several. Any Borrower whO co-signs this Security Instrument
<br />but does not execute the Note: (a) is co.signing this Security Instrument only to mortgage. grant and convey that Borrower's Interest in the Property under the terms 01 this Security Instrument;
<br />(b) is nol personally obligaled 10 pay Iha sums sacured by Ihis Sacurity Inslrumenl; and (c) agrees thai lender and any olher Borrowe, may agree to extend. modily. forbear 0' make any
<br />accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
<br />12. Lo.n Ch.rges. IIlha loan sacured by this Security Instrument is subjact 10 a law which sets maximum loan charges. and Ihat law is tinally inlerpreted EO Ihat ihe inlerest or olher loan
<br />cha'ges collecled or 10 be collacted in connaction wilh Ihe loan exceed Ihe perrnitted limils. Ihen: (a) any such loan charge shall be reduced by the amount nacessary to reduce the charge
<br />10 the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted Iimils will be 'efunded to Borrower. Lender may choose 10 make Ihis refund by reducing
<br />Ihe prinCipal owed unde, Ihe Nole 0' by making a diract payment 10 Borrower. If a refund reduces principal, Ihe reduction will be trealed as a partial prepaymenl w~houl any prepayment charge
<br />unde, Ihe Note.
<br />13. Legl.l.lIon Affecllng Lender's Rights. II enaclmenl or expiration of applicable laws has the effect of rendering a~y provision ollhe Nole or Ihis Security Instrument unenforceable
<br />according 10 ils lerms, Lender. al its option. may require immediale paymenl in full 01 all sums secured by this Security Inslrumenl and may invoke any remedies perrnitted by paragraph 19.
<br />II Lender exercises Ihis oplion, lender shall take the steps specified in Ihe second paragraph 01 paragraph 17.
<br />14. Hollen, Any nolice 10 Borrowe, provided for in Ihis Security Instrument shall be given by delivering it or by mailing it by firsl class mail unless appIi<:able law requires use of anolher
<br />melhod. The nolice shall be directed to the Property Address or any other address Borrowe, designates by notice 10 lender. Any nolice to Lender shall be given by first class mail 10 lender's
<br />address Slated herein or any olher address Lender designales by notice to Borrower. Any notice provided for in this Security Insirument shall be deemed 10 have been given 10 Borrower or
<br />lender when given as provided in Ihis paragraph.
<br />15. Governing Law; 58_ability. This Security Inslrument shall be governed by lede'a1law and the law 01 the jurisdiction in which the Property is localed. In the event that any provision
<br />0' clause of this Security Inslrument'O, the Note conflicts with applicable law, such conflict shall nol affect other provisions 01 this Security Inslrument 0' Ihe Note which can be given effact
<br />wilhoutlhe conflicting provision. To this end the provisions of Ihis Security InSlrumenl and the NOI~ are dectared to be severable.
<br />16. Borrower's Copy. Borrowe, shall be given one conformed copy of the Note and 01 this Security Inslrument.
<br />17. ~anafer 01 the Property or a Beneflclallnlerestln Borrower. If all or any part 01 the P'operty or any inlerest in it is sold or I'aosferred (or if a beneficial interest in Borrower is sold
<br />or Iransferred and Borrowe, is not a nalural person) without Lender's prior wrinen consent. Lender may. at its opllQn. require Immediale payment in full of all sums secured by this Security
<br />Instrument. However. this option shall nol be exercised by Lender il exercise is prohibited by lederallaw as 01 the dale of Ihis Security Instrument.
<br />If Lende, exercises Ihis option, lender shall give Borrower notice 01 acceleration. The notice shall provide a period of not less lhan 30 days from the dale lhe notice is delivered or ma.led
<br />within which Borrowe, musl pay all sums secured by Ihis Sacurity Inslrument. If Bonower lails to pay tt.ese sums pOOr to the e>.piralion 01 this period. Lende' may invoke any remedies perrnitted
<br />by Ihis Security Instrumenl withoul further notice or demand on Borrower.
<br />11. ~'a Right to Relnatate. If Borrower meets certain conditions. Borrower shall have the right to have enlorcement 01 this Security Instrument discontinued al any time prior to
<br />Ihe earlier 01: (a) 5 days (or such othe' period as applicable law may specily lor reinstalement) before sale of the Property pursuant 10 any pawe, 01 sale contained in this Security Inslrument:
<br />or (b) entry of a judgment enforcing this Serority Instrument. Those conditions are Ihat Borrower: (a) p;!yS lender aD sums which Ihen would be due under this Security Instrument and the
<br />Note had no acceleration occurred; (b) cures any delaufl of any other covenants or ag<eements; (c) pays aD expenses incurred in enforcing this Security Instrumenl. including. but notlim~ed
<br />10. reasonable attorneys' fees; and (d) lakes such action as lender may reasonabtf requite to assure thai the fien 01 this Security Instrument. Lender's rights in the Property and Borrower's
<br />obligation fa pay Ihe sums secured by this Security Instrument shall continue unchanged. Upon reinstalement 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 shaH not apply in the case 01 acceleration under paragraphs 13 or 17.
<br />NON.UNIFORM COVENANTS. Borrower and lenoer further covenant and agree as follows:
<br />19. AccelentIon; Remedies. Lender ahall glwt notice to Borrower prior to ac:ceIeralIon following lIonower'a _ of any covenant or ao-t1n this Security InstNmant
<br />(but not prior to acceIeratlon under paragrapha 13 and 17 unless applicable law providea olMrwlalt). The notlc:e ....11 apec:ify: (a) the default; (b) the action NqUlred to cu..lhe
<br />dlIfaull; (c) a date, not Ieaa than 30 day. from the date the notice Is gi..... to Borrower, by which the defeun must be cured; and (II) that feilu.. to cunt the defaun on or before
<br />the date apacifled In the notice may mull In 8CCeIeratIon of the sums aecuntd by this Security I_t MId .... of the Property. TIN notice aMll further Inform Borrower of
<br />tha right to reinstate after accalaratlon and the right to brl:1g a court action to ...... the non-exia_ of a dafeun or any other daten.. of Borrower to acceIaralIon and ..Ie. If
<br />the clafaun Is not cured on or before the date .pacIfIad In the notica, Lender at ita option may requl.. immediate payment In full of all ....... aacurad by this Security Instrument
<br />without further demand and may invoke the power of .... and sny other ramadiaa perrnlttM by applicable..... Lender ahall be antitIad to collect allallpllMM IncurNd In pursuing
<br />the ramacIIaa provided In this perag.... 19, Including, but not limited to, ...--... .-nap' fHa and costa of title avIcIance.
<br />" the power of .... I. Invoked, Truatea shall raconI a notice of default in each county in whicfl any part of the Property is Iocatad and aMll mail cop;n of .......11 notice In the
<br />manner praacribad by appIlcabIa 1_ to Bono_ and to the other persona preacribed by appIicabIa ..... After the time raquIrecI by appIicabIa law, Truataa ahaIl glva public notice
<br />of II8Ia to the persona MIdi., the manner prascribed by appIlcabIa .... Trust.., without cIamand on ~, ahaIl aaIlthe Property at public auction to the highaat bidder at the
<br />lima and ~ and under the tanr.a daalgnated II; the notlca of ..Ie in one or more pan:ala and In any order 1NatN datarmlnn. 1tuatw may poa1pona .... of all or any parcel
<br />of the Properly by public announcamant at the lima MId pIKa of any pNViouaIy _lad ..... Lender or ita ~ may purcIlMa the Property at any ..... .
<br />Upon racaIpt of ~ of the price bid, 1hIalIM ahaIl deliver to the ~ 1NatN'. cIaad conwying the Property. The raclt8Ia In the lNaIaa'. cIaad aMll be prima fee..
<br />evIdaMa of the truth of the .Ia.....lla made thaIwIn. 1tuatw ahall apply the.-c:-da of the.... in the following order. (a) to all .....,.. of the..... Including, but not limited
<br />to, lIuatM'.,.... parrnlttad by appIIc*M ... and.-aonabla~' fan; (b) to aII_ 88CUNCI by thIa SecurIty~; and (c) any a.CleM to the parson or parsons
<br />legally antItIad to IL
<br />20. lAnder In ~. Upon acce;aration under patagtaph 19 or abandonment of the Property, Lender fill pet$OIl. by agent or by judicially appointed receiver) shaU be entitled to
<br />enter upon. laka possession of and manage the Property and to coIect the rents of the Property inl:Iuding those past due. Any rents coIIectad by lender or the receiver shaH be applied first
<br />to payment 01 the costs 01 =nageme.,t 01 the Property and coIlectioo 01 rents. inducing. bid not limited to. r~s laes. pramiums on receiv6r's bonds and reasonable attorneys'lees. and
<br />then to the sums secured by this Security Ins1rumant.
<br />21. ~. Upon payment 01 aD sums secured by this Sea>rity InstrumenL Lender shall request Trustee 10 reconvey the Property and shaH sunender this Security Instrument and
<br />aD notss 8videncing debt secured by this Security !nstrumentto Trustee. Trust"'" shall reconvey the Property without warranly and wi1hou1 charge 10 the pen;on or persons legally enti11ed to
<br />it Such person or persons shall pay any recordation costs.
<br />22. Substlluta lfualaa. Lender. at i1s option. may lrom lime to time remove Trustee and appoint a successor 1rus1ee to any Trustee appointed her8under by an instrument recorded in the
<br />county in which INs Security Instrument is recorded. Wrthou1 corr,.oeyance 01 the Property. the successor 1rustee shaI succeed It' althe tille. power and duties conlerred upon Trustee here...
<br />and by applicable law.
<br />23. Raqunt for NotIcaa. Borrower requests that copies 01 lhe notices of delault and sale be sent to 80rr0wer's address which is the Property Address. BomIwM further requests that
<br />copies of the notices 01 delault and sale be sent to each pen;on who is a party hereto at the address 01 such pen;on set Iorth herein.
<br />24. RIcIeR to this Security lnatrvmant. II one or rno<9 riders 818 executed by BorroMr and recorded together with this Security Instrument, the cownants and agreements Ql each such
<br />rider shall be incorporated inlo and shaH ame."ld and supplement the covenan1s and agreemen1s of this Security lns1rument as ilthe rider(s) _ a part 01 this Security Instrument. (Checi<
<br />applicable box(es)1
<br />D Adjustable Rate Rider
<br />D Gradualed Payment Rider
<br />
<br />D Other(s) (soecify)
<br />
<br />88-
<br />
<br />t~~~
<br />f~
<br />~7:~
<br />i:-~~
<br />-{-:\;-,:
<br />n
<br />th,
<br />
<br />
<br />
<br />'....~~...'.....~
<br />r
<br />
<br />i
<br />
<br />U
<br />
<br />t~ r
<br />k!
<br />
<br />D Condoninun Ride<
<br />D Planned Unit Oe\oeIopment Rider
<br />
<br />o 2-4 Family Rider
<br />
<br />BY SIGNING BELOW. Borrower accepIs and agrees 10 the lerms and cavenan1s con_ in thos Secun1y lns1rument and in any rider(s) executed by Borrower and recorded with ~.
<br />
<br />./}
<br />A!~X-C- Ui l
<br />.'
<br />
<br />Jr" ,.
<br />..' . /~'/(.Ut.'?.'l/
<br />, f~/
<br />
<br />(Seal)
<br />-Bo<rower
<br />
<br />>. ,///) Z'"."i A~ /V~z.,~U1-_
<br />o
<br />
<br />(Seal)
<br />- Bo<rower
<br />
<br />[~ Below T11la Una For Acknowledgment)
<br />
<br />State 01 Nebraska )
<br />Ha 11 I) ss:
<br />County 01:
<br />On this 11} ;;.-.' day 01 f1a rc h
<br />
<br />personally appeared r:eol"ge f.1prlhpl".lf ilnrl Milr<;hil
<br />
<br />83 NE
<br />. 19 _. before me. a Notary Pubfc in the State 01
<br />
<br />Mprlhpry r Husband and \'11 fe
<br />
<br />to me personally known 10 tie the person(s) named in and who executed the loregoing instrument. and acknowledged that
<br />voluntary act and deed.
<br />
<br />My Commission Expires:
<br />\..1-l\. r\ d.
<br />
<br />,--
<br />
<br />executed the same as
<br />
<br />Slate of Nebraska
<br />
<br />. GENERA: N01ARY.StateoINeb,
<br />...&. jEANNE M SCHROER,
<br />~!..~(l~m. E.P. Jan. 29.1992
<br />
<br />~~-,-............
<br />
<br />., \:\\...\ ~ \:'" ., ~
<br />NOTARY PUBLIC
<br />
<br />eMaculed the same as
<br />
<br />i
<br />" .~
<br />
<br />h.
<br />
<br />ss:
<br />
<br />L
<br />
<br />County 01:
<br />
<br />On this
<br />
<br />personally 8ppaared
<br />
<br />10 me pe'sonally known 10 be the person(s) named '" and who exaculed the fo'egoing ,"slrument. and acl<now1edged Ihat
<br />volunlary act and deed
<br />
<br />day 01
<br />
<br />. 19 _. belore me. a Nolary Public in the State of
<br />
<br />My COmffil!!lon EMplres
<br />
<br />NOTARY PUBLIC
<br />
<br />~
<br />
|