|
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as fOllowfS--. 103672
<br />1'. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covelUlllt or alll'eement in this Security Instrument (but not prior to acceleration under parallJ'llphs 13 and 17
<br />lIIlIess applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
<br />default; (I:) a date, not less than 30 days from the date the notice is given to Borrower, hy which the default must be cured;
<br />aud (d) that failure to CUre the default on or before the date specified in the notice may result ill 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 C01ll1 action to lI5Ilert the non.existence of a default or any other
<br />defellllC of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender
<br />at.laoptloil may requireimmedlate pay.Dent in full of aU sums secured by this Security InstrUment without further
<br />demandllllll mar invoke the power of sale and any other remedies permitted by applicable lew. Lender sball be entitled to
<br />coned llU exjlerises incurred in pursuing the remedies provided in thill paralll'aph 1', 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 />Property is located and shall mail copies of such notice in the mauner prescribed by applicable law to Borrower and to the
<br />other persons prescribed by appOcable law. After'tbe time required by applicable law, Trustee sball give pubOe notice of
<br />sale to the persons and in the manner prescribed by applicable law. Trustee, witbout demand on Borrower, sball sell the
<br />Property at public auction to the highest bidder at the time and place and under the terms desiRJIated in the notice of sale in
<br />one or more parcels aud 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 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 purchaser Trustee's deed conveying the
<br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of tbe statements made therein.
<br />Trustee shall apply the proceeds of the salll in the fonowing order: (8) to all expenses of the sale, including, but not limited
<br />to, Tl'lIIitee's fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Security
<br />Instrument; and (c) auy excess to the person or persollS legally entitled to it.
<br />10. 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 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 />11. Reconveyauce. 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 />n. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee
<br />to any Trustee ap(l'Ointed 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 conli:rred upon
<br />Trustee herein and by applicable law.
<br />13. 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 nolice of sale be sent to each
<br />person who is a party hereto at the address of such person set forth herein.
<br />
<br />14. Riders to this Set:lirity 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 />
<br />o Adjustabfe Rate Rider
<br />
<br />o Graduated Payment Rider
<br />o Other(s) [specify]
<br />
<br />o 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 />Instrument and in any rider(s) executed by Borrower and recorded with it.
<br />
<br />
<br />.........~~I.r"..(!.~.~..............(SeaI)
<br />Wil,.Liam C. Ca ies , -Borrower
<br />
<br />.....~.~I I~"'~.d::e.~............,.....(Seal)
<br />Karen M. Caln:es -Borrower
<br />STATE Oll' NEBRA8KA.,.,................!!~)..J"...,..,...,...,...".............................County 88:
<br />On this ..,.........,7.th......,.. day of .___,....-!.y;I.J!..........., 19.....~.~ before me, the undersigned, a Notary Public
<br />duly commissioned and gualified for said coun~, reonallY came ...,...............................................................,
<br />_.........~!.~.~.!~!!I...9.:...~.~.~!~~.~...~?~...J:<:~:~~...~.:.....~~...~.7.~,!...~~,~~~~,~...~~~...~~~:,~....., to me known to be the
<br />identical person(s) whose name(B) are Bubscribed to the foregoing inBtrument and acknowledged the execua
<br />tiOD thereof to be ......................the.it:........................................................... voluntary act and deed.
<br />Witness my hand and notarial Beal at .........Q~:~J.J..9...;J;f!J.l!mL......................................... in said county, the
<br />date aforesaid. ., ,
<br />
<br />/ '
<br />......t!!~..~:i1f~mm...
<br />
<br />
<br />We
<br />
<br />[Spece Below Thil Lin. For ~cknowl.dlm.nll
<br />
<br />
|