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88104028
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Last modified
3/9/2007 5:41:32 PM
Creation date
3/9/2007 4:38:31 AM
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DEEDS
Inst Number
88104028
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<br />88-104028 <br /> <br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree a.~ follows; <br />19. Acce.leratlon; Remedies. Lender shall Idn notice to Borrower prior to acceleration following Borrower's <br />bracb of any coyenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />IlIIIea applicable law proYldes otherwise). The Jlotiee shallspetlfy: (a) the default; (b) the action required to cure the <br />default; (e:) a date, not less than 30 days from tbe date the notice isldven 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 acteleration 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 tbe right to bring a court action 10 assert the non.exlstence of a default or any other <br />defatR of Borrower to acteleration and sale. If tbe default 15 not cured on or before the date specified In the notice, Lender <br />at Its option may require illllllediate payment In full of all IUIDl Sffured by this Security Instrument without further <br />deenand and may invoke the power of sale and any otber remedies permitted by applicable law. Lender shall be entitled to <br />coiled aU expenses Incurred In rllnuing the remedies provided in this paragraph 19, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If tbe power of sale is invoked. Trustee shall record a notite of default In each county in which any part of the <br />Property Is located and sball mall copies ohucb 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 the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public auction to tbe blpest bidder at the time and place and under the terms designated in the notke of sale in <br />one or more parcels and In oy 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 amy previously scheduled sale. Lender or itlil deslKDee 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 tbe Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shallllpply the proceeds of tbe 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 II:) any excess to the person or persons legally entitled to it. <br />20. Lender in Possession. Upon acceleration under paragraph lq or abandonment of the Property. Lender (in <br />person. by agent or by Judicially appointed receiver) shall be entilled to enter upon, lake possession of and manage the <br />Property and [0 collect Ihe rents of the Property including those past due. Any rents collected by Lender or the receiver <br />shall be applied first 10 payment of the costs of management of Ihe Property and collectIOn of rents, including, but not <br />limited 10, receiver's fees. premiums on receIver's bonds and reasonable allomeys fees. and then 10 the sums ",cured by <br />this Security Instrument. <br /> <br />21. Reconveyance. Upon paymenl of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender IhlS Sccunty Instrument and all nOles evidencmg debt secured by this Security <br />Instrument to Trustee, Truslee shall 'reconvey the Property Wllhout warranty and without charge to the person or persons <br />legally entitled to il Such person or peT50ns shall pay any recordalion costs. <br />22. Substitute Trustee. Lender, allts oplion. may from time to time remove Trustee and appoim a succC!;sor trustee <br />to any Trustee appoinled hereunder by an mSlrument recorded in the counly m which tlus Sceunty instrument is recorded. <br />Withoul conveyance of the Property, the successor trustee shall succ..cd to all the,title. power and dUlles conferred upon <br />Trustee herein and by applicable law, <br /> <br />23. Request for Notices. Borrower requests thaI copies of the nOlices of defauh and sale be 'lent 10 Borrower's <br />address which is the Property Address, <br /> <br />24. Riden to this SecurUy Instrument. H one or more riders are executed by Borrower and recorded logether with <br />this Security Inslrumcnt. the covenanls and agreemenls of each such rider shall be incorporaled into and shall amend and <br />supplement the L'Ovenants and agreemenls of Ihls Security Instrument as if the rider(sl were a part of this Security <br />Instrument. (Check applicable box(es)) <br /> <br />g Adjustable Rale Rider 0 Condommium Rider ~J 2-4 Family Rider <br /> <br />o Graduated Payment Rider C Planned Unn Developmenl RIder <br /> <br />Iii ather(s) [specify] ACKNOWLEDGEMENT <br /> <br />By SIGNING BELOW, Bormwer accepts and agrees to he terms and covenants contained m t his Security <br />Instrumenl and in any rider(s) executed by Borrower and r' ed w Ih it. <br /> <br />.... ku..Q-R.tn1.{2~1) <br />DERICK DEAN CLEMENT -Borrower <br />,....,C[1:?~:~:.. ' .j?u:..o<....C'~....(Scal) <br />ANITA SUE CL~' -80,,,,..., <br /> <br /> <br />(Spou Ilelow This UM For Ackno_ledlment] <br /> <br />STATE OF <br /> <br />NEBRASKA <br /> <br />.,.... .~~.................... } ss: <br /> <br />. . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . <br /> <br />COUNTY OF <br /> <br />The foregoing Instrument was aclcnow!ed~ed before me this.. ... . , . . . .. . . . ,~~~. .~~.'. . ~?~~. .. ... . .. ............... <br />by ....~.~~!l-.~r,:!<: .I?~. 0:"~~...~. .~P~,~~~.~ ENT, HUSBAND ~~aleJr:.E... ,.................. <br />(penon(s) ackl'l <br /> <br />My Commission cxpil.cs: <br /> <br />12/28/89 <br /> <br /> <br />A ~ UTMY-SltIt tI ..asb <br />__ t IlDIU <br />'. ~~ t.-.lJJ IlK 2t l!1!l'1 <br />ntlt Instrument "'m. prepll!ed by, <br /> <br />................................................. <br />
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