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88104359
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1988
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88104359
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Last modified
3/9/2007 5:41:35 PM
Creation date
3/9/2007 4:39:21 AM
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DEEDS
Inst Number
88104359
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<br />88- <br /> <br />104359 <br /> <br />::.. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. Lender shall gin notice to Borrower prior to acceleration follo'!lng Borrower's <br />breach of any covenant or agreement in thill Security Instrument (butnot prior to acceleration under paragraphs 13 and 17 <br />unless applicable law pro'rides otherwise). The notice shaD 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 ill given 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 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 court action to assert the non.exi!ltence of a default or any.other <br />defense of Borrower EO IIcceleration and sale. If the default ill not cured on or before the date specified in the. notice, Lender <br />at its option may require Immediate payment in full of all SUIUll secured, by this Secllrity Instrument. without fUrther <br />demand 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 this paragraph 19, 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 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 BOlrower, shall sell the <br />Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in <br />one or more parcels and in any order Trustee determines, Trustee may postpone sale of all or any parc!!1 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 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 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 as 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 Possession. Upon acceleration under paragraph 19 or abandonment of the Properly, Lender (in <br />person, by agent or by judicially appoinled receiver) shall be entitled to enter upon, take possession of and manage the <br />Property and to collecl the rents of Ihe Property including those past due. Any rents collecled by Lender or the receiver <br />shall be applied first 10 paymenl of Ihe costs of management of the Property and collection of rents, including, but not <br />limited 10, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to Ihe sums secured by <br />this SecurilY Instrument. <br />21. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall requesl Truslee 10 <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Truslee. Truslee 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 ils option, may from time to time remove Trustee and appoint a successor trustee <br />to any Truslee 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'lille, power and duties conferred upon <br />Trustee herein and by applicable law. <br />23. Request for Notices. Borrower requests Ihat copies of the nolices of defaull 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 logether with <br />this Security Instrument, the covenants and agreements of each such rider shall be incorporaled into and shall amend and <br />supplement the covenants and agreements of this Security Instrumenl as if the rider(s) were a part of this Security <br />Instrument. [Check applicable box(es)] <br />o Adjustable Rale Rider 0 Condominium Rider <br /> <br />o Graduated Payment Rider 0 Planned Unit Developmenl Rider <br /> <br />IKI Other(s) [specify] ACKNOWLEDGEMENT <br /> <br />t,'. <br />~: <br /> <br />" <br />r: <br />i: <br />Ii <br />r <br />~ <br />r <br />1 <br />I <br />i <br />t <br /> <br />o 24 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 />~/I1zf -~~ <br />~~~~m:o!~ <br /> <br /> <br />(5pKe Below This Uoo For Ad<nowledamenl] <br /> <br />COUNTY OF <br /> <br />NEBRASKA <br /> <br />,. ........~~.. ....... ...... ... } ss: <br /> <br />................................ <br /> <br />STATE OF <br /> <br />The foregoing instrument was acknowledged before me this.. .. . .. .. . fHq . PI': r ..qf. .~~9.l!~~.,. , ~.~ ~!l, .. .. .. .. .. .. .. .. <br />by .....~~~~.~.~~~..~.~~~ ELLEN YORK, HUS AND WIFE (date) <br />...................... . ......................... .......................... <br />(person(s) Bclcno I ging) <br /> <br />My Commission expires: <br /> <br />12/28/89 <br /> <br /> <br />\ \;;-~~~ \ . <br />,~>-...\.~~ <br />Notary Public <br /> <br />.6. GO liUWl. IJIAIY-Slm " '1III1Ib <br />~ .. t.11UllEA <br />. C'_ IIy c- tJJ IlIt 2l1. <br /> <br />This instrument was prepared hy........................,.........,...................,.....,...,..,........,..... <br />
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