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88103607
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Last modified
3/9/2007 5:41:28 PM
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3/9/2007 4:37:28 AM
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DEEDS
Inst Number
88103607
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<br />88- <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 />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 sball 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 Borrowe~, lIy which tbe default must be cured; <br />and (d) that fallure 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 sball further inform Borrower of the right to <br />reinstate after acceleration and the right to bring Ii court action to assert the non-existence of a default or any other <br />defense of Borrower to acceleration IIDd sale. If the default is not cured on or before tbe date speciSed in the notice, Lender <br />at its option may require immediate payment in !ull of all sums secured by tbis Security Instrument without further <br />demllDd 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 tbis paragrapb 19, Including, but not limited to, <br />reasonable attorneys' fees IIDd costs of title evidence. <br />If the power of sale Is' Invoked, Trustee sball record a notice of default in each county in which any part of the <br />Property is Imlated IIDd shall mail copies of such notice in the mllDner 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 IIDd in the mllDner prescribed by applicable law. Trustee, without demand on Borrower, sball sell the <br />Property at public auction to tbe bighest bidder at the time and place and under the terms designated In the notice of sale In <br />one or more parcels and in IIDY order Trustee determines. Trustee may postpone sale of all or IIDY 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 sball deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall hi! prima facie evidence of tbe truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited <br />to, Trustee's fees 8S 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 Poossession. 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 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 />:no Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall requesl Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by Ihis SecurilY <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 <br />address which is the Property Address. <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 applicable box(es)] <br />xKJ Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider <br /> <br />103607 <br /> <br />o Graduated Payment Rider <br /> <br />o Planned Unit Development Rider <br /> <br />xti[] Other(s) [specify] Acknowledgement <br /> <br />By SIGNING BELOW, Borrower accepts and agrees 10 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 /> <br /> <br />............,........................................................................... <br /> <br />STATE OF NEBRASKA, <br /> <br />HALL <br /> <br />County ss: <br /> <br />On this 2Bth day of June , 19 BB <br />duly commissioned and qualified for said county, personally came <br />Susan Schimmer <br />identical person(s) whose name(s) are subscribed [0 the Foregoing <br />thereof to be t hei r voluntary aCI and deed, <br />Witness my hand and notarial seal at Grand Island <br />date aforesaid. <br /> <br />, before me, the undersigned, a Notary Public <br />Timothy J. Schimmer and <br /> <br />, 10 me known to be the <br />instrument and acknowledged the execution <br /> <br />in said county, the <br /> <br />L <br /> <br />My Commission expires: <br />J:lBlRAL IlfMY-StaIt of II!nsb <br />IIAlIGARfT Il OOJ..II <br />Itr CClllIm. E1p. II/y 2. ,. <br /> <br />. . .~ ~~~ . :.4:?~~t.1.n : . . .'!('1.<<:.::~ .~ ~. . . . . . <br />I Notary Publk <br />REQUEST FOR REeD EY Al>lCE <br /> <br />To' <br /> <br />The undersigned is the holder of the note or notes secured by this Deed of Trust. Said nOlc or IHlIc'S, lO~clhc, <br />with all other indebtedness secured by this Deed of Trusl, have been paid in full. You arc hcrc'by dircelc'd 1" e'lIKcI saill <br />note or noles and this Deed of Trusl, which are delivered hereby. and 10 rceonvey, \\;lhoUI \\arranl\., "lIthc cslatc <br />now held by you under this Deed of Trust 10 Ihe perSflll or pcrsons le~ally clllillcd Ihcrcl". <br /> <br />Dale: <br />
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