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88102063
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Last modified
3/9/2007 5:41:15 PM
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3/9/2007 4:33:39 AM
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DEEDS
Inst Number
88102063
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<br />I <br />F?E'Rtr~-...&D . <br />88-102063 88-10161~ <br /> <br />NON.UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. l.ender shall give notice to Borrower prior to acceleration following Borrower's <br />breach 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 elate specified in the notice may result in acceleration of the sums <br />secured by this Security Instrument and sille 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 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 SecYrity 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 />Propert). is located and shall mail copies of sucb 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 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 Trust~ 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 the price bid, Trustee shall deliver to the purchaser Trustee's deed conve)'ing 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 tbe 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) an)' 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 re-ceiver) 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 oCthe Property and collection of rents, including. but not <br />limited to, receiver's fees. premiums on receiver's bonds and reasonable altorneys' fees. and then 10 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 Ihe 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 Ihe.title. power and duties conferred upon <br />Truslee 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. Riders to this Security Instrument. If one or more riders are e~ecuted by Borrower and recorded together with <br />this Security Instrument, the co\'enants and agreements of each such rider shall be incorporated into and o:.hall 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 />o Adjustable Rate Rider 0 Condominium Rider n 2-4 Family Rider <br /> <br />o Graduated Payment Rider 0 Planned Unit Development Rider <br /> <br />[Xl Other(s) [specify] ACKNOWLEDGEMENT OF P01~ER OF SALE <br /> <br />BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this S;;:curity <br />Instrument and in any rider{s) executed by Borrower and recorded with it. <br /> <br />1:._..~.~.1;.~~..8..,.01.~~h::4............(seal) <br /> <br />-Borrower <br /> <br />-?~~...2?.J..;....~(Seal) <br /> <br />. -BoTIower <br /> <br />IS!)Ke Below This Line For Acknowledgment} <br /> <br />STATE OF <br /> <br />NEBRASKA <br /> <br />.. .. .0. .. ... . ... .. ... ... .. ... .. ... .. .. .. ... . . .. ... . ... ... . ... . .. . <br /> <br />} ss: <br /> <br />COUNrY OF <br /> <br />HALL <br />.. .. .. .. ... .. .. ..... .. .. ... .. .. .. to .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. <br /> <br />The foregoing instrument was acknowledged before me this... ~.~~~. ~ay of March _ 1988 <br />. ....... .............. ................... ......... ............... <br /> <br />(date) <br /> <br /> <br />.... 4... .......... ......... .......... .......... .................. __........ .......... ...... ....... ......... <br /> <br />(person(s) acknowledging) <br /> <br />/~Q JJ. i I)./I,L ,L_ <br />. . . .. . . j~ : . tl1~. r:e/t)i-/~ I 11.':;. aJ:~, <br />Notary pu'llic <br /> <br />This inlitrumtr.l was prepared by <br /> <br />Joan L. Dillenback . <br />. .. .. .. .. .. .. .. .. .. .. .. .. .. r .. . .. .. .. .. . . .. .. t .. .. .. .. .. .. l' .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. I .. . .. ~ t ; . .. .. .. .. .. .. .. .. .. .. .. " .. . .. ... . <br />
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