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88101838
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88101838
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Last modified
3/9/2007 5:41:13 PM
Creation date
3/9/2007 4:33:03 AM
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DEEDS
Inst Number
88101838
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<br />NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as fOllOWS~ 8 --1. 018 3B <br />19. A~celeration: Remedies. Lender shall give notice to Borrower prior to acceleration following 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) tbe dda:llt; (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 curedj <br />and Cd) tbat 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 lU:celeration 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 expellSCS incurred in pursuing tbe remedies provided in this paragraph 19, including, but not limited to, <br />reasonable attorneys' fees and.costs of title nidence. <br />If the power of sale is invoked. Trustee shall record a notice of default in each county in which any p8I't 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 the persons and in tbe manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public auction to the highest bidder at tbe time and place and under the terms designated- in the notice of sale in <br />o.ne or more parcels and in any order Trustee determines. Trustee may postpone sale of all or an)' parcel of the Property by <br />public announcement at the time and place of any previously scheduled sale. Lender or its designee ma)' purchase the <br />Property at any sale. <br />Upon receipt of payment of tbe 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 proteeds 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' 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 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 10. receh'er'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 Ihe Property and shall surrender Ihis Security Instrument and all notes e\'idencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty and withouI charge to the person or persons <br />legally entitled 10 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 Property, the successor trustee shall succeed to all the litle. power and duties conferred llpon <br />Trustee herein and by applicable law. <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. Ridtn to dlis Secarity lastnlmeIlt. 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 this Security Instrument as if the rider(s) were a part of this Security <br />Instrument. (Check applicable box(es)] <br />lXl 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 />(X] Other(s) [specify] Acknowledgement <br /> <br />By SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in any rider(s) executed by Borrower and recorded with it. <br /> <br /> <br />........?("-Ud......a........~.......(SeaI) <br />~A..KiOlbasa /, -&lrrowet <br /> <br />_...........8?~.~..~<Q,..!l2~~.5........(SeaI) <br />Peggy Sue K101basa,----,, -&lrrower <br /> <br />ST ATE OF NEBRASKA. <br /> <br />HALL <br /> <br />County ss: <br /> <br />On this 12th day of April ~ 19 88 , before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county. personally came Lee A. Riolbasa and Peggy Sue <br />Kiolbasa. husband and wife , to me known to he Ihe <br />identical ptrson(s) whose namc(s) arc subscrihed to the foregoing instrument and acknowledged Ihe execution <br />thereof [0 be their ,"olumar)' act and deed. <br />WitnC'Ss my hand and notarial seal at Grand Island in said county, Ihe <br />date aforesaid. <br /> <br /> <br />To TItUSlEE: <br />The undenignt'd is the holder of the 1I0le or notes secured by this Deed of Tru~1. Said note or 11lltCS, logether <br />with all olher indebtedness secured hy this Deed of TrusI. ha\'C' been paid in full. YOII arl' hachv dirl~..:Il'd t\1 1.',lllCcI said <br />note or no\C~s and Ihis l>eed of 1'r\l51, which arc ddi\"cred hereby, and to "cconn'y, without 'wanalllY, all till' cslall' <br />no'o\' held by yuu under Ihis l>e('d or Tnlsl to the person or pcr\ons legally l'll1ilkd thl'n'lo. <br /> <br />. 'G' <br />/':;l .-' <br />. _'.. - (/Jr ~-- _., ,,~1" / <br />17 .~~... I~. . .Z:t.?t. . . 1.7 .}. : . t;>-. . ;-:(.((:,:~-'.'?: ~'. . . . <br />'., No131\ I'ullli.' <br />REQUEST FOR C NVEY ANCE . <br /> <br />))llle: <br />
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