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88101465
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88101465
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Last modified
3/9/2007 5:41:09 PM
Creation date
3/9/2007 4:32:05 AM
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DEEDS
Inst Number
88101465
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<br />I <br /> <br />88- 101465 <br /> <br />NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any cOfenant or agreemtnt in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otherwise), The notice shall specify: (a) the default; (b) the aelion required to cure the <br />default; (c) a date, not less than 30 days from tbe date the notice is given to Borrower, by which the default must be cured; <br />and (d) 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 tbis ~urity 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 tbis Security Instrument witbout 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 expertseS 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 prest:ribed 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 tbe 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 the following order: (a) to aU expenses of the sale, including, but not limited <br />to, Trustee's fees as permitted by applicable law and reasonable attorneys' feesi (b) to all sums secured by this Security <br />Instrumenti 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 10 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 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. Truslee 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 Propeny, Ihe successor trustee shall succeed 10 all the title, power and duties conferred upon <br />Trustee herein and by applicable law. <br />13. 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. Riden 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 agrec=ments of this Security Instrument as if the rider(s) were a pan of this Security <br />Instrument. [Check applicable box(es)] <br />o Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider <br /> <br />o Graduated Payment Rider <br /> <br />o Planned Unit Development Rider <br /> <br />rn Other(s) [spedfy} Acknowledgment <br /> <br />BY SIGNING BELOW, Borrower accepts and agrees to the lenns and covenants contained in this Security <br />Instrument and in any rider{s) executed by Borrower and recorded with it. <br /> <br /> <br />.d~~/..~~~..............(Seal) <br /> <br />~even ]. Usasz -80<<ower <br />" ' <br />... ........ '. ~Q.ti~...........(SeaI) <br />Judith A. Usasz 0 ---80trO*et <br /> <br />STATE OF NEBRASKA, <br /> <br />Hall <br /> <br />County ss: <br /> <br />.. <br /> <br />On this 23 day of l'ilarch ,19 BB before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came Steven J. Usasz and J udi th A. Usasz. <br />Husband and Wife---------------------------------------_________ , to me known to be the <br />identical person(s) whose name(s) arc subscribed to the foregoing instrument and acknowledged the exenllioll <br />thereof to be their \'oluntary act and deed, <br />Witness my hand and notarial st'al at Grand Island, Nebraska in said eounly. the <br />dale aforesaid, <br /> <br />My COlnJ:nli s:,~~:~ . .C~d. ;LL.~/~<.....,..,.".,.... <br /> <br />OUIORAH L KIMBLE NOlar)" Public <br />~ o.a. Ell- Ntt, 23. lilIl REQUEST FOR RECONVEYANCE <br /> <br />Tn TlIlISII'I:; <br />The llnder~lgned is lhe holder of the note or 1I0les secured bv this Deed of Trust. Said nole 01 nolt's lO~cll\t:1 <br />v. ith 1111 other indebtedness sct'lIrcd by this Deed of Trust, have been-paid in full. YOII arc hCH'hy dll ednlln 1.';lIlc~'1 s;"d <br />nOle or nOlu and Ihb Iked of TrllSl, which arc deli\'cH'd hereby, and to rC\."l)IlH)'. without w:Irranty, ;llllht' estall' <br />now held hy you under Ihis Deed of Tlml 10 the person or penons legally cntitlrd Iht'relll. <br /> <br />Dal..-: <br />
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