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<br />88-
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<br />104146
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<br />NON. UNIFORM COVENANTS, Borrower and Lender fun her covenanl and agree as follows:
<br />19. Accelerat!on; RemedJes. Leader .....1 &lYe notice to Borrower prior to acceleration following Borrower's
<br />brach of ID)' COYelllDt or agreeJDellt in thll Seauity Iutrument (but not prior to acceleration under parqrapbs 13 and 17
<br />aaI_ .....licable law prondel othenrise). The notice ...... specify: (I) tbe default; (b) tbe action required to cure the
<br />default; (c) a date, not 1_ tIwlJO days from the date the notice is &lyen to Borrower, by wbicb tbe default must be cured;
<br />IDd (d) tIIIt failure to cure the default on or before the date apeelfted in the notice may result In acceleration of the sums
<br />secvr. by ~II Security lutrument IDd lIIe of the Property. The notice sh..1 further inform Borrower of tbe riabt to
<br />reiamte after _Ieration IIId the riabt to bring a court action to usert the nonoexlstence of a default or IDY other
<br />defeDle of Borrower to acceleration IDd lIIe. If the default II not cured on or before the date speeified in the notice, Lender
<br />at ib option may require immediate payment in full of "I sums secured by this Security Instrument without further
<br />demllld IIId may inyolte the power of we and any other remedJes permitted by applicable law. Lender .....1 be entitled to
<br />collect "I expensa incurred In puniling tbe remedJes proylded in this JIIII'IllI'IIpb 19, including, but oot limited to,
<br />reaouble attome)'l' fees.and COItlI of title endence.
<br />If the power of lIIe is in'fOlted, Trustee shall record a notice of default In eacb county in which any part of the
<br />Property II located and sb"l mail copies of sucb notice In tbe manner prescribed by Ipplicable law to Borrower ad to the
<br />other penollll prescribed by applicable law. After tbe time required by applicable law, Trustee shallKiye public notice of
<br />lIIe to tbe penonsud In the manner prescribed by applicable law. Trustee, wUbout demand on Borrower,.....1 seD tbe
<br />Property at public auction to tbe blabest bidder at tbe time and place and under tbe terms designated in the notice of lIIe in
<br />one or more parcell and in any order Trustee de~ermlnes. Trustee may postpone lIIe of all or any parcel of the Property by
<br />public announcement at tbe time and place of any previousl)' scheduled lIIe. Lender or its designee may purchase the
<br />Property at any lIIe.
<br />Upon receipt of payment of tbe price bid, Trustee sb..1 delinr to tbe purchaser Trustee's deed conveying the
<br />Property. The redtalsln tbe Trustee's deed sball be prima facie endence of tbe trutb of tbe statemenb made therein.
<br />Trustee .....1 appl)' tbe proceeds of tbe lIIe in the following order: (a) to all expenses of the lIIe, Including, but not limited
<br />to, Trnstee's fees II permitted by Ipplicable law and reasonable attorneys' fees; (b) to all sums secured by thll Security
<br />Iutnunent; and (c) any excess to the penon or penons 1ep1ly entitled to it.
<br />20. Lender In P.oaeuion. Upon acceleration under paragraph 19 or abandonment of the Propeny. Lender (in
<br />person. by agenl or by judicially appoinled receiver) shall be entitled to enter upon. take possession of and manage the
<br />Propeny and 10 collect the rents of the Propeny including those past due, Any rents collected by Lender or the receiver
<br />shan be applied lirst to payment of the costs of management of the Propeny 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 Inmument.
<br />11. ReconYeyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br />reconvey the Propeny and shall surrender this Security Instrument and all nOles evidencing debt secured by this Security
<br />Instrument to Trustee, Trustee shall reconvey the Propeny without warranty and wilhout charge 10 the person or persons
<br />legally entitled to it. Such person or persons shall pay any recordation costs,
<br />11. Subtrtitute Trustee. Lender, at its option. may from time to time remove Trustee and appoint a successor trustee
<br />10 any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded.
<br />Without conveyance of the Propeny, the successor trustee shall succeed to all the tith:. power and duties conferred upon
<br />Trustee herein and by applicable law.
<br />23. Request for NoticeI. Borrower requests that copies of the notices of default and sale be sent to Borrower's
<br />address which is the Propeny Address,
<br />Z4. Riden to tbls Security IJlltrument. 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 pan of this Security
<br />Instrument. (Check applicable boll(es)]
<br />~ Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider
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<br />o Graduated Paymenl Rider
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<br />o Planned Unit Development Rider
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<br />[]I Other(s) (specify] Acknowledgment
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<br />BY SIONtNG BELOW, ,rrower accepts and agrees 10 Ihe terms and covenants contained in this Security
<br />Instrument and in any rider( cllecuted by Borrower and recorded with it.
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<br />...[0,:ftAtll,1J..,.J,:.....'Sw.~L~............(Seal)
<br />'tprr;"r. :Jwlatovlak ~
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<br />--ao.-
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<br />STATE OF NEBRASKA,
<br />
<br />HALL
<br />
<br />County ss:
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<br />On this 27th day of July ,19 88 , before me. the undersigned. a Notary Public
<br />duly commissioned and qualified for said counly. personally came JAMES D. SWIA TDV IAt< AND LAUREN F.
<br />SWIATOVIAK, husband and wife ,10 me known to be the
<br />identical person(s\ whose name(s) are subscribed to the foregoing instrument and acknowledged the execution
<br />thereof to be their volunlary acl and deed.
<br />Witness my hand and notarial seal al Grand Island, Nebrasl<a in said county, the
<br />date aforesaid.
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<br />My comJ:m, iSS:'::::~o/'d'~ ,?~~~, ??1~A~:"
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<br />_....r__... ...... 'Jpta" Put:.h...
<br />WlWAII L MCLEllAN REQUEST FOR RECONVEYANCE
<br />If,... lIll Au.. /2, lllll
<br />ToTR
<br />The undeulllned Is Ihe holder of Ihe nole or notes 'c<'urcd hv 11m DccLI \II flU'1 'i1l1d norc 0' notc" 'Olll'lh<'1
<br />wllh 1111 other Indebtedness secured by Ihis [)ct'd 01 Trmt, hale heen paId on lull 'rIlU M<'lll'rl'hl dlll'd,'d I" ,'an,,'1 "ud
<br />nole or nOles and thi~ Deed of Trml, whkh llrc delivered hcrcb~, and 'n fl'Cnn\!:\, \\llh""1 '''''1<''"\, ,ll1lh" <,'\,lIl'
<br />now held by you under rhil Deed or TrUll '0 Ihc per,,,,( '" rcr"lIl\ It'~nll\ CIlIIII,'L1lh,''''l,'
<br />
<br />Ol'te'
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