|
<br />I
<br />
<br />NON.UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follow~8- 102451
<br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement III this Security Instrument (but not prior to acceleration under paragraphs 13 and 17
<br />:,..Jess applicable la" provide!l otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
<br />default; (c) a elate, not less t...n 30 e1ays from the date the notice is given to Borrower, by which the defauit 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 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. Ifthe default is not cured on or before the elate specified in the notice, Lender
<br />at Its option may require immediate ll8yment in full of all sums secured by tbls Security Instrument without furtber
<br />demand and may Invoke the power of sale IUId any other remedies permitted by applicable law. Lender shall be entided 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 tide evidence.
<br />If the power of sale is Invoked, Trustee shall record a notice of default in each county in which any par' ~I the:
<br />Property Is located and shall mail copies of such notice in the manner prescribed by applicable la" to Borrower IUId to the
<br />other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give publit notice of
<br />sale to the persons and In the manner prescribed by applicable law. Trustee, without demand on.Borrower, shall seIJ the
<br />Property at public audion 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 IUIY order Trustee determines. Trustee may postjlOne sale of all or any parcel of the Property by
<br />public announcement at the time and place cf any previo~ly scbeduled 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 purehaser Trustee's deed conveying the
<br />Property. The recitals in the Trustee's deed sball be prima facie evidence of the truth of the statements made therein.
<br />Trustee shall apply the proceedll of tbe sale in the following order: (a) to all expenses of the sale, including, but not limited
<br />to, Trustee's fees u permitted by applicable la" and reasonable attorneys' fees; (b) to all sums secured by this SecurIty
<br />Instrument; and (c) any excess to the person or pei"50ns legally entitled to iL
<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 paymenl of the costs of management of the Property and collection 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. Rccon'fllyance. Upon paymenl 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 Ihe Property without warrant~ and wilhout charge to the person or persons
<br />legally entitled to it. Such person or persons shall pay any recordation costs.
<br />22, Subltltute Trustee. Lender. at its option. may from lime to time remove Trustee and appoint a successor trustee
<br />10 any Trustee appointed hereunde:r by an instrument recorded in the county in which this Security Instrumc:nt is recorded.
<br />Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties confermi upon
<br />Trustee here:in and by applicable law.
<br />23, Request for Notices. Borrower requests Ihat copies of the nOlices of default and sale be sent to Borrower's
<br />address which is the Property Address,
<br />24, Riden to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
<br />this Security Instrument. the covenants and agreemenls of each such rider shall be incorporated into and shall amend and
<br />supplement tbe covenants and agreements of this Sc:curity 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 0 2-4 Family Rider
<br />
<br />o Gradualed Payment Ride:r
<br />
<br />o Planned Unit Developmc:nt Rider
<br />
<br />J{X] Other(s) [specify] Acknowledgement
<br />Bv SIGNING BELOW, Borrower accepls and agrees to the: terms and cove:nants contained in this Security
<br />
<br />'='::'~~::'~':~=':b'~=~'~'-::J~~t ~:k_'
<br />
<br />Donald E. Fenton tI.f.-i ~
<br />
<br />.." "Bo.AbOJill.... .Ct" .,[.JU-:1t.&.r::L.,....n...(SeaI)
<br />Barbara A. Fenton ~
<br />
<br />STATE OF NEBRASKA,
<br />
<br />Hall
<br />
<br />County ss:
<br />
<br />On this 12th day of May ,19 88 . before me. the undersigned, a NOlary Public
<br />duly commissioned and qualified for said county. personally came Donald E. Fenton and Barbara A.
<br />Fenton, husband and wife ,to me known 10 be Ihe
<br />identical pcrsonls) whose name(s) are SIIbscribed 10 the foregoing instrument and acknowledged the execulion
<br />Ihereof 10 be their volunlary act and deed,
<br />Wilness my hand and nOlarial seal at Grand Island in said county, Ihl'
<br />
<br />My
<br />
<br />
<br />IlTMY.SQlIII ....
<br />IMIUID . lOa
<br />idlr __ JIIr l ,.
<br />
<br />, j J. ~:~<<A.L{ ,1n, :, ~:\-t~'.{<~~~,"'< , , . , , , . . . .
<br />. NOlan PUhl1l"
<br />REQUEST FOR Rl',t9'NVEY ANCE .
<br />,,'
<br />
<br />dill
<br />
<br />To TRlJstH"
<br />The IInderslllned i, Ihc 1I0ldcr of Ihe nole or nole' 'ecllled hl' 11m Deed of TIm!. S'lId nole or 1101,." l\l~"IIl<"
<br />Ilo'ith all other indl'htedne" 'el'\IIed hy this Deed of Tr\l\l. lIu\'e heefll'aid in filII, 1'011 ail' IIl'fL'h\ d'rl,,',,'d III ,;111''1'1 "lid
<br />nulc or nOlc' "lid lhi~ DCl'd of TrU'I, which arc deh"ercd herd". allt!.. leClIIl"", 1\lIIIOUI \\ a" '"11\ , all lhe ,'''all'
<br />ilOilo held by YOII ulldel 1111\ Deed of Tru'l 10 the r<'I\OIl 01 1','1\,,11\ k~all, "lIlllkd lh"ITI\1
<br />
<br />Dale
<br />
|