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<br />,- <br /> <br />88-101826 <br />NON.UNIFORM COVENANTS, Borrower and Lender further cO\'enant and agree as follows; <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any connant or aweement in thi,; Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otherwise>. The notice sbaD specify: (tl) 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 (d) tbat fallure to cure the default on or before the date specified in the notice may result in acceleration of the sums <br />SKured by this security Instrument and sale of the Property. The notice shall. further inform Borro~'er of the right to <br />reinstate after acceleration and the right to briug a court action to assert the non.existence of a default or any other <br />defeMe of Borrower to acceleration and sale. Iftbe 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 />coiled all expenses. incurred in punuing the remedies provided in this paragraph 19, including, but not limited to, <br />reasonahle attorneys' fees and .costs of title evidence. <br />H the power of sale is in,oked, Trustee shall record a notice of default in each county in which any part of the <br />Property is. located and sIWI mail copies of such notice in the manner prescribed b~' applicable law to Borrower and to the <br />olber 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 prescn'bed by applicable law. Trustee, without demand on Borro~'er, shall sell the <br />Property at public: auction to the bipe5t bidder at the time and place and under the terms designated in the notice of sale in <br />one or more pn:eIs add in any order Trustee determines. Trustee may postpoue sale of all or an)' parf;el of the Propert)' b~' <br />public IUinouncement at the time and place of any previousl~' scheduled sale. Lender or its designee may purchase the <br />Property at uy sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conve~'inK the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made thereh\. <br />Trustee sIWl apply the proceeds of the sale in the foUowing order: (a) to aU expenses of the sale, including, but not limited <br />to, Trustee's fees as penaitted by applicable law and reasonable attorneys' fees; (b) to all sums secured b~' this Securit)' <br />Instrument; and (c:) any excess to the person or persons legally entitled to it. <br />20. LeDcler in PossessiOD. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in <br />person, by agent or by judiciaUy appointed receiver) shall be entitled to enter upon, take possession of and manage the <br />Property and to collect the rents oftbe Property including tbose past due. Any rents collected b)' 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 fcc:s, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured b)' <br />this Security Instrument. <br />21. RecGIIYeYaac:e. 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 e\'idencing debt secured by this Security <br />Instrument to Trustee. Trustee 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 />U. Sllhltiblte Tnstee. Lender, at its option. may from time to time remO\'e Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrumem is recorded. <br />Without conveyance ofthe Property, the successor trustee shall succeed to all the title. power and duties conferred upon <br />Trusteeheranand~awli~Ne~w. . <br />13. Reqaesl for Notices. Borro\\'eI' requests that copies of the notices of default and sale he sent to Borrower's address <br />which is the Property Address, BOIl'O\\"ef further requests that copies of the notice of default and notice of sale be sent to each <br />person who is a party hereto at the address of such person set fonh herein. <br /> <br />14. Riden to tWI Security IltIlnuDeat. 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 agreements of Ibis Security Instrument as if the rider(s) were a part of this Security <br />Instrument. (Check applicable bQJ;(es)] <br /> <br />D Adjustable Rate Rider <br />D Graduated Payment Rider <br />o Other(s) [specify) <br /> <br />o Condominium Rider <br />o P~nn~ Unit Development Rider <br /> <br />o 2-4 Family Rider <br /> <br />By SIGNING BEWw. Borro\\'er accepts and agrees to the tenus and covenants contained in <br />Inst......'..d in... -.).."""<<1 by Bon_uod """'"'~.. '.. " ........... ..........(Seal) <br /> <br /> <br />Richard J. Bar,/.. '-II -Borrower <br /> <br />..c~d~~,..,.~....(SeaI) <br />J~~na Homan -Borrower <br />8TATB OP NEBbSKA........__..u_u_u..._~~_~_~ ._....n......~..n............................COunty 88: <br />On this ...........JHh.m... day of mAm:JJ.............., 19.~.~.... before me, the undersigned. a Notary Public <br />duly OOIlUI1i8sioned and qualified for said county. personally came m................................................................. <br />_~1~h~!.~...~.~...1i~~!:1...~~~...~?~~.t.l.~~..!!~~~.!...~~.~.l?~~~.n<;':~~..~~~~.L......................., to me known to be the <br />ideDtical penIOn(s) wbosename(s) are subecribed to the foregoing instrument and acknowledged the cxccu- <br />tionthereof to be ...........m................m.mm__..~.~~~E.n.m._._.._.mm...._............ voluntary act and deed. <br />witnea my hand and notarial seal at .................Gra..nd..l.s.lan.d.................................. in said county, t.he <br />date. afonuid. <br /> <br /> <br /> <br />;/ <br />.-:f ' \ j) ~_A:::> t <br />....,.&2~:;?;?-.::d....~, ....~.!.t~f.:~<!.~..... _...................... <br />Notary I'ubJk <br /> <br />[SpM.t ..... 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