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88104471
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Last modified
3/9/2007 5:41:36 PM
Creation date
3/9/2007 4:39:37 AM
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DEEDS
Inst Number
88104471
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<br />.- <br />88- 104471 <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lcnder fUrl her eovcnant and agree as follnws: <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure tbe <br />default; (c) a date, not less than 30 days from tbe date tbe notice is given to Borrower, by wblch the default mus~ 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 tbe Property. The eotice sball further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default Is not cured on or before the date specified in the notice, Lender <br />at its option may require immediate payment In full of all sums secured by this Security Instrument without furtber <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender sball be entitled to <br />coll..,t all expenses incurred in pursuing the remedies provided In this paragrapb 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 Borrower, shall sell the <br />Property at public auction to the highest bl':der 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 parcel of tbe 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 the truth of the statements made therein. <br />Trustee shall apply the proceeds of tbe sale in the following nrder: (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 accclcration under paragraph 19 or abandonmcnt of the Propeny, Lender (in <br />person, by agent or by judicially appointcd receiver) shall be entitled to enter upon. takc possession nf and manage thc <br />Propeny and to collect the rents of the Propcny including those past due. Any rents collected by Lender or thc recci,cr <br />shall be applied first to payment nf Ihe costs of management of thc Propcny and collection of rents, including, but not <br />limited to. receiver9s 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 tbe Propeny and shall surrender tbis Security Instrument and all notes cyidencing debt secured by this Security <br />Instrument to Trustee- Trustee shall reconvcy the Propeny withoU1 warranty and without chargc to the person or persons <br />legally entitled 10 it. Such person or persons shall pay any recordation COSIS. <br />22. Substltute Trustee. Lender. at its option. may from \Imc to timc remoyc Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in Ihe county in which tbis Security Instrument is recorded. <br />Without conveyance of Ihe Propeny. thc successor trustee shall succeed to all the title. power and duties conferred upon <br />Trustee berein and by applicable law. <br />23. Request for Notices. Borrowcr requests that copies of thc notices of dcfault and salc be sent to Borrower's <br />address which is the Propeny Address_ <br />24. Riders to this Security Instrument. If one or more riders are cxecuted by Borrower and recorded IOgether with <br />this Securily Instrument. lbe covenants and agreemcnts of cacb sueb rider shall be incorporaled into and shall amend and <br />supplement lbe covenants and agreemcnts of Ihis Security Instrumcnt as if the rider(s) wcrc a pan of this Security <br />Instrument. [Check applicable box(es)) <br />o Adjustable Rate Rider 0 Condominium Rider :::J 2-4 Family Ridcr <br /> <br />o Graduated Payment Rider <br /> <br />o Planned Unit Deyclopment Rider <br /> <br />o Other(s) (specify) <br />By SIGNUm BELOW. Borrower accepts and agrees to thc tenns and coYenanlS con tamed in Ihls Security <br /> <br />l~t~~e.n.t.a.~~.I~..n~.n~e*) ex~u.led by Borrnw~ and =o~~.~~! '_~. ~~..... .............(~) <br /> <br />Jeff~~.lers -Bo"""" <br /> <br /> <br />...B~CJ.,~i;;-:!4.4=-......... <br /> <br />...._.(Scal) <br />-Co...,..., <br /> <br />STATE OF NEBRASKA. <br /> <br />Hall <br /> <br />County \~: <br /> <br />On lhis 15th day or August, 19 BB, herore me. .he undersigned. a NOlary Puhlic <br />duly eommissioncd and qualified for said county. personally. camc Je ffrey L. Sellers and Betty J. <br />Sellers, each in his and her own right. and as spouse of each other. 10 me known 10 be rhe <br />identical person(s) whose namc(s) arc sub~cribed to Ihe- fOfC!!oing im,lrumcn! and al.:knowlcdgcd the c\cl."ulion <br />thereof 10 be their voluntary acl and dccu. <br />Witness my hand and notarial seal at Grand Island, Nebraska in ...aid L'llunty. thl' <br />dale aforesaid. ~ <br /> <br />My Commission cxpirc.://-ef.s--,f'J .. ~ a:r.."7.:-::~C;c..~:l... <br /> <br />Ga'EML.OTAIY-.II1........... REQUEST I-OR RFCONVl Y r\Nct: ....'11.11\ Plltlh~ <br />JOANNE G. ROUSH <br />T( ..,...._......a... <br /> <br />The undersigned is Ihe holder of the nolt' Of 11011.'<' ...CI.:IIIL'L1 h\ thi... Dt.'1.:d ,'I I TU"'t. SaJu Illllt. PI !lilll.... r,let'llll'l <br />Wilh all other indebtedness <,ccurl'u by thi.. Deed Ilf Tru"'l. ha\ t' hl'L'n. paId 111 lull. Y (HI 3rl' hL~rL"h~ Ji. L'L IL'll I'> L;IIh.~'1 "aid <br />nme or nolt~.s and thi... Deco or 1ru"'l. \\'hil:h arL' uc.:!i\t'rL'J hL'rL'h\, ilnd III rl'U1Jl\L'\, \\lIhOlll \\,lIlal1l\, ,dlll1l..' l....r,ill <br />now held by you undn lhi... DL'l'U \)1" Tru..l III IhL'lwr..11Ilt1r (1L"""III'" Il'!-!all, l'l1fllll'd 111L'll'111 <br /> <br />Dale: <br />
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