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88101969
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Last modified
3/9/2007 5:41:14 PM
Creation date
3/9/2007 4:33:22 AM
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DEEDS
Inst Number
88101969
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<br />I <br /> <br />88- 101969 <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 />br~ch 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) 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) 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 lind 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 saie. 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 pUi"Suing 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 purt 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 iaw. 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 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 sball apply the proceeds oftbe 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 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 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 management of the Property and collection of rents. including, but not <br />limited to, rec.eiver'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 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 Property, the successor trustee shall succeed to all the title, power and duties conferred upon <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 address <br />which is the Property Address. Borrower 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 forth herein. <br /> <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 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 applicabie box(es)] <br /> <br />D Adjustable Rate Rider <br />o Graduated Payment Rider <br />o Other(s) [specify] <br /> <br />D Condominium Rider <br />o Planned Unit Development Rider <br /> <br />o 2-4 Family Rider <br /> <br />By SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security <br />Jnstrument and in any rider(s) executed by Borrower and recorded with it. <br /> <br />........W.~....~...1?J~..~Q... . ........................(Seal) <br />Walter D. HcVay -Borrower <br /> <br />,'\. . <br />.......&~ur~.~.. ...... ..~..0'~.....(Seal) <br />Diana Dee 1>1cVay (/ . -Borrower <br />STATE OF NEBRASKA... .......m....' .H~.l~..,.., _......, .... ....... ...... no ..... .m.. .......County as: <br />On this .....n19..t.h........._.. day of ...Ap.r.il.h............ 19..88.., before me, the undersigned. a Notery Public <br />duly commissioned and qualified for said county, personally came .................................................................... <br />-.W~lt:.~r...Q.~...H.!;.y.~y..h~.mLI>.i..~mi'LQ.~g..!tcJlay.....hu.s.Q.and...amL.w..ife.,.....n...m......... to me known to be the <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execu- <br />tion thereof to be ..........mmu.........no.,~~.~.~~.......h................u....m.......nuuu voluntary act and deed. <br />Witness my hand and notarial seal at ............~.J;.1;l.l}~..J9J~!}9.h......h.....m.um............h. in Mid county, the <br />date aforesaid, <br /> <br /> <br />/ I) . <br />......h...C::!L;7.:.a~~<-L...'..n~.. .Q(,} IJ.-<~L.'~. ...,. ...,__.... ........... <br />Notary Public <br /> <br />($pAce Below Thi. line For Atknowledlmenlj <br /> <br />~._ ~ I <br />
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