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<br />I <br /> <br />88- 10154..3 <br /> <br />[SO .UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />9. eceleration; Remedies, Lender shall give notice to Borrower prior to acceleration fellowing Borrower's <br />breach 0 ny covenant or agreement in tbis Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otberwise). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; <br />and Cd) 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 this Security 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 i!t not cured on or befor~ 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 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 prescribed 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 tbe pel'llons 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 determine:>. Trustee may postpone sale of all or any parcel of the Property by <br />public announcement at the time and place of any previously schedule4 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 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 reasonable 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. UlX'n acceleration under paragraph 19 or abandonment of the ProperlY, 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 receiver <br />shall be applied first to payment of the costs of management of the Property and colleclion 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. Trustee shall reconvey the Property without warranty and withoUl 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 Instrumenl is recorded, <br />Without conveyance of the Property, the successor trustee shall succeed to all the litle. power and duties conferred upon <br />Trustee herein and by applicable h~w. <br />23, 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. 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 the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security <br />Instrument. [Check applicable box(e:s)] <br />o Adjustable Rate Rider 0 Condominium Rider [] 2-4 Family Rider <br /> <br />D Graduated Payment Rider <br /> <br />D Planned Unit Development Rider <br /> <br />~ther(s) [specify] Acknowledgment <br /> <br />BY SIGNING BElOW, Borrower accepts and agrees to the terms and covenants contained m this Security <br />Instrument and in any rider(s) e;;.ecuted by Borrower and recorded with it. <br /> <br /> <br />?:.....,~..~,................. , ............, .. ..........(Sea1) <br />Vern L. Stumpenhor -Borrower <br />~~~~~ <br /> <br /> <br />STATE OF NEBRASKA, <br /> <br />Hall <br /> <br />County S5: <br /> <br />On Ihi~ 23 day of March ,19 8B before mc. the undcrsigned, a Notary Public <br />duly commissioned and qualified for said count)', personally came Vern L. Stumpenhorst and Penelo e <br />R. Stumpenhors t, Husband and Wi f e . 10 me known to ~e thc <br />identical person(s) whose nal11~(s) are subscribed 10 the foregoing instrument and acknowledgcd the cxecution <br />thereof to be the i r voluntary aCI and deed. <br />Witness my hand and notarial seal at Grand Island, Nebraska in said county, the <br />date aforesaid, <br /> <br />M <br /> <br /> <br />&lIlERAL "OllRY - Slat. <br />ANDREW McCUMBlR <br />II, IlHK. up. ~ So 1988 <br /> <br /> <br />b, /9 KG /J, . W ~ <br /> <br />,~.....:"m,..,...."..,... <br /> <br />:--iola" Publi,' <br />REQUEST FOR RECONVEY ANCE <br /> <br />To TRUSTEE' <br />Thc undersigned is th(' holder of lhe note or notes secured by [his Deed 01 '1m,!. Said nOle 01 1I00es, lO~l.thcr <br />.....ilh all other indebtedness sn:urcd by Ihis Deed of TruSl, have been palu in full. You arc herc[n- dirc,'ll.d 10 ..-aneel \;\ld <br />nole- or nOll." and Ihi, Deed of TIU51, which art' dcll\cled herehy, and 10 a'convey. wilhoUl \\ananIY. all It1\' ,'qale <br />now held b) vou lIlHI('r lhi\ Deed 01 Till" 10 the person or pcr\OIl\ kgall\" ~'1I11!lcd theH'lo <br /> <br />OOlle <br />