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<br />-'."\, <br />~ <br />~ <br />?:Q <br />~~ <br /> <br />I <br /> <br />I <br /> <br />, .. <br /> <br />10, Borrol!l'llr Nol Released: Forbeerence By Lender Not a Waiver, Extension of Ihe time lor payment or mocSBI;;;;Q'\ allolilJ"~-;I t& ano secured by Ihm Socu"ty tnslrument <br />grnnted by lender tOillny successor In Interest 01 Borrower shall not operate to reloase the !Iabilily 01 the original Borrower or B~N'~e"&;'i~ Inloresl Lender shall "at be required <br />to c~~H~'~l' I.",os agelnst any successor In interest or refuse 10 ax tend time lor payment or otherwise modify amortization 01 the sums secured by thiS Securlly InstlUment by roason <br />of add ~ lhe original Borrower or Borrower's successors In IOlerest. Any lorbearance by lender in oxerclslng any flghl or remedy shall not be a waiver alar preclude the <br />oxer sir remedy, ' - <br />11, Succe.sore end A..lgn. Bound: Jolnl and Several llablllly: Co-signers. The covenants and agreemenls 01 Ihls Secuflty Instrument shall bind and benelil Ihe successors and <br />assigns of lender and Borrower, subject to the provisions of paragraph 17, Borrower's covenenls and agreements shall be 10lnl and several Any Borrower WhO co-signs th,s Secuflly Instrument <br />but does not execute the NOle: (a) is co'slgnlng this Securily Inslrument only 10 morlgage, granl and convey Ihat Borrower's IOlereslln Itle Properly under Ihe terms 01 this Secu"ty Instrumen!: <br />(b) IS not personally obligaled 10 pay Ihe sums secured by this Secuflty Instrument: and (c) agrees that lender and any olher Borrower may agree to ex lend , modily, lor bear or make any <br />accommodations willi regard to the lerms 01 Ihis Securily Instrument or the Note wllhout lhal Borrower's consenl <br />12, Loen Cherges, II the loan secured by this Secuflty Instrument is subjecllo a law which sels maximum loan charges, and that law IS "nally IOterpreled so that the IOterest or other loan <br />charges collected or to be collected in connection wilh the loan exceed the permitted limils, Ihen: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge <br />to the permitted limit; and (bfiinf sums already collected Irom Borrower which exceeded permitted limits will be relunded to Borrower, lender may chooso to make this relund by reducing <br />the principal owed under the Note or by making a direcl payment to Borrower, II a relund reduces pflncipal, Ihe reduction will be treated as a partial prepayment without any prepayment charge <br />under the Note, <br />13. Legl.lallon Affec1lng Lender'. Righi', II enactment or expiration 01 applicable laws hes the effect 01 rendering any provision 01 the Note or this Security Instrument unenforceable <br />according to its terms, lender, at its oplion, 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 sleps specified in the second paragraph of paragraph 17, <br />14, Nollce.. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by lirst 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 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: Severability. This Security Instrument shall be governed by federal taw and the law 01 the jurisdiclion in which the ~roperty is located, In the event that any provision <br />or G:ause of this Security Instrument or the Note conllicts with applicable law, such conllict shall not affect other provisions at this Security Instrument or the Note which can be given effect <br />without the conllicting provision, To this end the provisions 01 this Security Instrument and the Note are declared to be severable, <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of lhe Properly o~ a Beneflclallnlereslln Borrower. II all or any part 01 the Property or any interest in it is sold or translerred (or if a benelicial interest in Borrower is sold <br />or transferred and Borrower is not a natural person) withoul lender's prior wlltlen consent. lender may. at its option. require immediate payment in lull 01 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 />II lender exercises this option, Lender shall give Borrower nolice of acceleration, The notice shall provide a period 01 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 Instr Jment. II Borrower faits to pay these sums pflor to the expiration at this period, Lender may invoke any remedies permitted <br />by this Security instrument without further notice or demand on Borrower, <br />18. Borrower'. Righi 10 Reinatale, II Borrower meets certain conditions, Borrower shall have Ihe righllo have enforcement of this Security Instrument discontinued at any time prior to <br />the earlier of: (a) 5 days (or such olher period as applicable law may specify lor reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument: <br />or (b) entry 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 01 any other covenants or agreements: (c) 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 Ihe lien of this Security Instrument, lender's rights 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 riqht to reinstate shall not apply in the case 01 acceleration under paragraphs 13 or 17, <br />NON.UNIFORM COVENANTS, Borrower and lender further covenant and agree as lollows: <br />19. Accelerallon; Ramedl.., Lender .hall give nollce 10 Borrower prior 10 eccelerallon following Borrower's breech of any covenant or agreement In Ihl. Security In.trument <br />(bul nol prior 10 accelerallon under paragraphs 13 and 17 unte.. appllceble law provldee otherwise). The notice shell apeclfy: (~) the defeult: (b) the aclion required to cure the <br />default: (c) a dille, nollen Ihan 30 daya from Ihe dele Ihe notice Is given 10 Borrower, by which Ihe defaull mu,' be cured; and (d) Ihal fellure 10 cure lhe defaull on or before <br />the dete .peclfied In lhe nollce may re.ullln acceleretlon of Ihe eums secured by Ihle Security In.trumenl and sale of the Property. The nollce ehell further Inform Borrower of <br />the rlghllo relnstale an., acceleration and Ihe rlghllo bring a court action 10 aasert Ihe no......i.,ence of adefaull or any other defense 01 Borrower 10 acceleretiOn and sale. II <br />the defaultla not cured on or before lhe data apeclfled in the nollce, Lender at ita option may require immedlete paymenlln lull 01 all aum. secured by Ihl. Security Inatrument <br />wllhout Iurther demand and may invoke Ihe power of sale end any olher remedlea permitted by applicable law. Lender shall be entllled 10 colleclall e.penseslncurred In pursuing <br />lhe remedies provided In Ihl. paragraph 19, Including, bul nolllmiled 10, reasonable attorneys' lees and cosls of lille evidence. <br />If Ihe po_ 01 sele la Invoked, 1l'ualee shall record a nollce 01 defaullln each county In which any pari of the Property I. located and .hell mall copies of auch nolice in the <br />manner prescribed by applicable I_to Borrower end 10 lhe olher persons prescribed by applicable law. Aner lhe lime required by applicable 1_, Tru,'" shell give public nollce <br />of sele 10 lhe persona end In lhe manner prescribed by applicable law. Trualee, wllhoul demand on Borrower, ehell selllhe Property al p~bllc eucllon 10 the hlijhesl bidder elthe <br />lime and piece end under lhe lerma de.lgnaled In Ihe notice of sale In one or more parcels and in any order Trual.. delarmlllfl, 1l'u"" may poatpone sale of all or any parcel <br />of lhe Properly by public announcemenl elthe lime and piece of any prevloualy scheduled sale. Lender or II. deeignee may purcha..,he Property al any sale. <br />Upon recelpl of paymenl of lhe prlca bid, Trual.. ehell deliver to Ihe purche_ Tru,'ee's deed conveying the Property. The recllela In lhe 1l'u,'ee'a deed ahell be prima lacle <br />evidence of lhe lruth of the .talemenla made therein, Tru,'ee .hall apply lhe proceeds of Ihe sele In the following order: (a) to all e.pen... of lhe sa", Including, bul notllmiled <br />10, TruatH'a fHs aa permllled by eppllcable 1_ and reesoneble ettorneya' I...; (b) 10 ell aum. secured by Ihls Security Inalrumenl: end (c) any e.en,'o lhe person or persona <br />legally enlllled 10 II. <br />20. Lender in Poa_lon. 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 of and manage the Properly and to collect the rents of the Property including Ihose past due, Any rents collected by lender or the """"'_er shall be applied first <br />to payment 01 the costs of management of the Properly and collection of rents, including, bul not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and <br />then to the sums secured by this Security Instrument. <br />21. Reconveyance. Upon payment of all sums secured by this Security Instrument, lender shall request Trustee to reconvey the Pro~.ty and shall surrender this Security Instrument and <br />all notes evidencing debt secured by this Security Inslrument to Trustee. Trustee shall reconvey the Properly 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. Substitute Truat... lender. at its option, may from lime 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 Properly, the successor trustee shall succeed to all the litle, power and duties conferred upon Trustee herein <br />and by applicable law, <br />23. Req...., for Nollc:ea. Borrower requests that copies 01 the notices 01 delault and sale be sent to Borrower's address which is the Property Address, Borrower further requests that <br />copies of the notices 01 default and sale be "ent to each person who is a party hereto at the address of such person set lorth herein, <br />24. Riders to lhia Security Inatrumenl. II 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 il the rider(s) were a part 01 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 />D Condominium Rider <br />D Planned Unit Development Rider <br /> <br />D 2-4 Family Rider <br /> <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In thiS Secuflty Instrument antln ~ny ri~er(s) executed by Borrower and recorded With It. <br /> <br />j~ O..fv, )<~ \ ~I A"--"\~(- '- <br />\'~ ' <br />'\:C}) ")'r <br /> <br />L <br /> <br />/, <br />id; /), <br /> <br />(Seal) <br />- Borrower <br /> <br />, (Seal) <br />-Borro....-er <br /> <br />[Space Below This Line For Acknowledgment) <br /> <br />State of Nebraska ) <br /> <br />County of: J:l.aJl__~ 55: <br /> <br />On this 14 day 01 <br />Larr'! <br />personally appeared " <br /> <br />~'1J rch <br />Gt'h nne! Rita L. <br /> <br />80 ;Jebrnska <br />, 19~, belore me, a ~91ary Public in the State 01 <br />Sl'in, Ibs Dand and I'll Te <br /> <br />to me personally known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that <br />votuntary acl and deed, <br /> <br />executed the same as <br /> <br />,..----- <br /> <br />My Commis~ion E~ires: <br />\ .. d-'\ _ C\;), <br /> <br />.t;ENER AI NOT ARY-Slate of Nebr, <br />JEANNE No, SCHROER <br />My Co,:,m, hp, Jan, 29,1992 <br /> <br />~-;) <br /> <br />(', r, <br />v'\~, <d" ~ \, !,} '-" <br />NOTARY PUBLIC <br /> <br />execuled the same as <br /> <br />I <br /> <br /> <br />~ <br />.~t <br />(' <br />" <br /> <br />State 01 Nebraska <br /> <br />55: <br /> <br />L <br /> <br />County 01: <br />On this <br /> <br />day 01 <br /> <br />, 19 _, belore me, a Notary Public in the State 01 <br /> <br />personally appeared <br /> <br />to me personally known to be the person(s) named in and who executed the 10regOlng instrument, and acknowledged that <br />voluntary act and deed, <br /> <br />My Commission Expires: <br /> <br />NOTARY PUBLIC <br />