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<br />88- 104133 <br /> <br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. Lender shall gI,e notice to Borrower prior to acceleration following Borrower's <br />breacb of any counant or agreement iD tbis Security lnatrument (but not prior to acceleration under parqraplll13 and 17 <br />unlea applicable law proYida otherwise). Tbe notice IbaIl specify: (a) the default; (b) the action required to cure the <br />default; (c) a ute, not leu tun 30 days from the date the notice is glun to Borrower, by wblcb the defaultmUlt be cured; <br />aDd (d) dult failure to cure the default on or before the date speclfled in tbe notice may result in acceleration of the ...... <br />secured by this Security lnItrument md sale of the Property. Tbe notice sball furtber Inform Borrower of the ripttc <br />Riutate after acceleraeion and the ript to bring a court action to usert the non-emtence of a default or uy otber <br />defuse of Borrower to acceleration and sale. If the default Is not Cllred on or before the date spedftetl in the notice, Lender <br />at ia option may require immediate payment iD full of all SODll secured by tbls Security lutrument withOut further <br />demudaDd may in,oke tbe power of sale aDd lIDY other remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses Incuned in pursuiDg tbe remedies pro,ided in tbis paragrapb 19, includina, but not Umited to, <br />reuonable attorneys' fees md c:osts of title eYidence. <br />If tbe power of sale is in,oked, Trustee shall record a notice of default in eacb county in whicb my part of the <br />Property Is located and sball mail copies of sucb"otice in the maDDer prescribed by applicable law to Borrower and to the <br />otber penons prescribed by applicable law. After tbe time required by applicable law, Trustee sball give public notice of <br />laIe to tbe penons and In tbe manner prescribed by applicable law. Trustee, without demand on Borrower, sbaII sell the <br />Property at public auction to the highest bidder at tbe time and place md under tbe terms desiJPlllted in the notice of laIe in <br />one or more parcels and In any order Trustee determines. Trustee may postpone sale of all or lIDY paa:cel oftbe Property by <br />public announcement at tbe time and place of any pre,lously scbeduled sale. Lender or Its desigDee may purchase the <br />Property at any sale. <br />Upon receipt of payment of tbe price bid, Trustee shall deliver to the purcbaser Trustee's deed conveyiDg the <br />Property. The recitals In tbe Trustee's deed shall be prima facie evidence of tbe truth of tbe statements made therein. <br />Trustee shall apply tbe proc:eeds of tbe sale in tbe following order: (a) to all expenses of tbe sale, iDdudina, but not Umited <br />to, Tl'lIItee's fees u permitted by applicable law and reuonable attorneys' fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to tbe person or personsleplly entitled to it. <br />ZO. Lender In Poossession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in <br />person, by agenl 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 Iirst 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 />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 the person or persons <br />legally entitled to it. Such person or persons shall pay any recordation costs. <br />ZZ. 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 md duties conferred 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 <br />address which is the Property Address. <br />U. Riden to tbls 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 l'.greements of this Security Instrument as if the rider(s) were a part of this Security <br />Instrument. [Check applicable box(es)) <br />[X] Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider <br /> <br />o Graduated Payment Rider <br /> <br />o Planned Unit Development Rider <br /> <br />I <br /> <br /> <br />[X] Other(s) [specify) /Icknowledgment <br />By SIONING BELOW, Borrower accepts and agrees to th <br />Instrument and in any rider(s) executed by Borrower and recorded <br /> <br />........................................................................................ <br /> <br />STATE OF NEBRASKA. <br /> <br />HALL <br /> <br />County ss: <br /> <br />On this 22nd day of July ,19 88 ' before me, the undersigned. a NOlary Public <br />duly commissioned and qualified for said county, personally came GARY C. ROSENBACH AND SUSAN J. <br />ROSENBACH, husband and wi fe ' to me known to be the <br />identical ptnon(s) whose name(s) are subscribed to the foregoing instrumenl and acknowledged the execution <br />thereof to be their voluntary act and deed. <br />Witness my hand and notarial seal at Grand lId N br k m said countv the <br /> <br /> <br />::.romoW, ~~, IY~?HH,~n~, e.. a(h1~. <br />~b\i,'" <br />REQUEST FOR RECONVEY ANC <br /> <br /> <br />To TRIISTEE: <br />The undersillned is the holder of the note or notes secured by this Deed of Trm!. 'illld nOle or I1llll'\, 101lClh("I <br />wilh all other indebtedness secured by this Deed of Trust, have heen paid III full. YO'I arc hrreh)' dlrcc!cllll'l'ann'l \uuj <br />note or noh~s and Ihls Deed of Trmt, which arc delivered herehv. and II' r("lnnve\', "lthl1\11 wlIrr'anl v. nil thl' n1111(" <br />now held by you under Ihls Deed of Trust 10 the pel\ol1 or per~nl1' ICl!all\ cnlllled II1l'reln <br /> <br />Dalc; <br />