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<br />I <br /> <br />88- <br /> <br />101499 <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 Collowing Borrower's <br />breacb 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: (a) ~he default; (b) the action required to cure the <br />default; (c) a date, not less tben 30 days Crom the date the notice is given to Borrower, by which the deCault 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 Security Instrument and sale of the Property. The notice shall further Inform Borrower of the right tu <br />reinstate after acceleration and the right to bring a court actton to assert the non.existence of a defllult 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 oftitIe evidence. <br />If the power of sale is invok~, Trustee shall record a n011ce 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 applicahle 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 applitable 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 postptlne sale of all or any parcel of the Property by <br />public announcement at the time and place of any previously scheduled sale. under 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 the following order: (a) to all expenses of the sale, including, but not limited <br />to, Trustee's fees as permitted by applicable law and reasonahle 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 P.ossession. 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 recei,'er <br />shall be applied first to payment of the costs of managemenl of the Property and collection of rents, including, but not <br />limited to, re1:eiver's fees, premiums on re1:eiver's bonds and reasonable attorneys' fees, and then to the sums secured by <br />this Se1:urity Instrument. <br />21. Reconveyance. Upon payment of all sums SlXured by this Security Instrument, Lender shall request Truslee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall re1:onvey the Property without warranty and without charge to the person or persons <br />legally entitled to it. Such person or persons shall pay any re1:ordation 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 Property, the successor trustee shall succeed to all the title, power and duties conferred upon <br />Trustee herein and by appIi~ble law. <br />23, Request for Notices. Borrower requests that copies of the nOlices of default and sale be senl 10 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 incorporaled into and shall amend and <br />supplement tbe covenants and agreements of this Securil)' Instrument as if the rider(s) were a part of this Security <br />Instrument. (Check applicable box(es)] <br />o Adjustable Rate Rider 0 Condominium Rider D 2-4 Family Rider <br /> <br />o Graduated Payment Rider <br /> <br />D Planned Unit Development Rider <br /> <br />~ Other(s) [specify) Acknowledgment <br />BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security <br /> <br />I.~.':~~~.'.~.""'."=".~"'~:)"~.I::=~O~:t=d t~O:Z:~ith ;'-._".1 9T..~~~.. .......................(Seal) <br />~{~ [=~~~ ~noWN <br />Leonar L. Scnw1eger <br />t <br /> <br />,~~...lJ."5.r.Ju.'>.J..&~~(1{.,,.(SeaI) <br />Naomi A. Schwieger (J ~ <br /> <br />............ ........ ..... o. 0.... ...........~. ....~............ _____.................................... <br /> <br />STATE Of NEBRASKA. <br /> <br />Hall <br /> <br />County ss: <br /> <br />On this 21 st day of March ,19 88 ' before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came Leonard L. Schwieger and <br />Naomi A. schwieger. Husband and Wife . to me known to be the <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution <br />thereof to be their voluntary act and deed. <br />Witness my hand and notarial seal at Grand Island. Nebraska in said county, the <br />date aforesaid. <br /> <br />My Commission expires: <br />, 6----_1 <br />..4.._ ...::-~ "" . <br /> <br />To TRUSl'EE, <br />The undersigned is the holder of the note 01 notes ~enHt-d by Ihi~ Dl.'l.'o of TnlSl, Said nOlI.' or nOl<'~. together <br />with all other indebtedness secured by this Deed of Trust. have bet-II j'laid ill full. You ,He herd')' till t''':led \0 l'<ln..:d ',lid <br />110Ie or notes and this DC'('(1 of Trml. which are delivered hereby, alld to ll'COII\CY, without \\;Urallly. alllh~' t'"alt' <br />110'14 held by you under thi~ Decd of Trust 10 the person Of J)cr~nn' kllally ellluit'd thelt'lO <br /> <br />C, :2. ~J~q <br /> <br />.........~........................~...O-........~-:........ <br /> <br />;-':01 a '" Pubh, <br />REQUEST FOR RECONVEYANCE . <br /> <br />nolte: <br />