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<br />88- 104493 <br /> <br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. Lender shall give notice to Borrnwer prior to acceleration following Borrower's <br />breach of any covenant or agreement io this Security Instrument (but not prior to acceleration under paragraphs 13 and 11 <br />unless applicahle law provides otherwise). The notice sball specify: (a) the default; (b) the action required to cure the <br />default; (c) a dale, not less than 30 days from the date the notice is given to Borrower, by whicb tbe default must be cured; <br />and (d) tbat failure to cure the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by tbis Security Instrument and sale of the PropertY. The notice 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 further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender sball be entitled to <br />collect all expenses incurred in pursuing tbe remedies provided in this paragraph 19, inclnding; 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 sucb notice in tbe manner prescribed by applicable law to Borrower and to the <br />otber persons prescribed by applicable law. After tbe time required by applicahle law, Trustee shall give public notice nf <br />sale to tbe persons and in the manner pro:seribed by applicable law. Trustee, witbout demand on Borrower. shall sell the <br />PropertY at public auction to the highest bidder at the time and place and under the terms designated in tbe 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 tbe 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 />PrnpertY. The recitals in the Trustee's deed shall be prima facie evidence of the trutb of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of tbe 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 tbis Security <br />Instrument; and (c) any excess to the person or persons legally entitled to it. <br />20. Lender in Possession. Upon acccleration under paragrapb 19 or abandonmcnt of Ihe Property. Lender (10 <br />person, by agenl or by judicially appointed receiver) sball be entilled to cnter upon. takc possession of and manage Ibe <br />Property and to collect Ibe rents of tbe Property including Ihose past duc, Any renlS collected by Lcnder or the recel\'cr <br />sball be applied first 10 payment of tbe COSIS of managcment of the Propert)' and collection of rents. including, bUI nOI <br />limiled to, receiver's fees. premiums on recciver's bonds and reasonable attorneys' fees. and then 10 tbe sums secured bj. <br />Ibis Security Inslrument, <br />21. Reconveyance. Upon payment of all sums secured by this Sccurily Inslrument. under shall requesl Truslee to <br />reconvey Ibe Property and sball surrender this Securily Instrumcnt and all notes cvidencing debl secured by Ihls Securily <br />Instrumcnt to Trustee. Truslee shall reconvey Ihe Property wilhout warranty and witboul charge 10 Ihe person or persons <br />legally enlilled to il. Such person or persons shall pay any recordalion cosls, <br />22. Substitute Trustee. Lender. 81 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 Ihe county in which this Security Instrument is recorded, <br />Without conveyance of tbe Property, the successor trustee sball succeed 10 alllhc litle. power and dUlles conferred upon <br />Truslee berein and by applicable law. <br />23. Request for Notices. Borrower requests that copies of the notices of default and salc be sent 10 Borrower's <br />address which is the Property Address. <br />:14. Ridel'll to tbli Security IJl5trument. If one or marc riders arc executed by Borrnwer and recorded together wJlh <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 agreemenls of this Security Instrumenl ll5 if the rider(s) were a part of this Security <br />Instrument. [Check applicable box(es)) <br />o Adjustable Rate Rider 0 Condominium Rider = 2-4 Fam")' Rider <br /> <br />o Graduated Payment Rider <br /> <br />o Planned Unit Devclopmenl Rider <br /> <br />o Other{s) [specify] <br /> <br />BY SIGNING BELOW, Borrowcr accepts and agrees to the lerms and covcnants contamed In thIS Secunlj. <br />Instrument and in any ridcr(s) execuled by Borrower and recorded with il. <br /> <br /> <br />,;;f{'tY~~. ~ <br />...i._l.d{IA.t.~2.W..'If:......dCTij .. .... (Seal) <br />j6~~~;-K. HODS ~~ <br /> <br />STATE OF NEBRASKA. <br /> <br />Hall <br /> <br />COUnlY''': <br /> <br />On this 12th day of August .19 88. herore me. Ill<' under'lgned, a r-.:ll\ar~ Puhh, <br />duly commissioned and qualified for said county. personally canH.' Gary P. Hoos and Joanne K. HODS I <br />each in his and her own righc, and as spouse of each other .10 m(' knm\" to nt.' thl' <br />identical person(s) whose name(s) are subscribed to the forL~goinJ,! imtrumcnI and admo\\Jedged the L"Cl'Ulion <br />thereof to be their mlunlary act and deed. <br />Witness my hand and nOlariall>eal al Grand <br />date aforesaid. <br /> <br /> <br />" ":;;"~~... .'".'''~''''''"' <br /> <br />'\1111,11\ Puhl <br />ECONVE) ANC I, <br /> <br />My Commission cxpires: 9-1-J>f' <br /> <br />, J:--""MIIIb <br />MlY.. RAZU'Il-E <br />To TRUST 1Irc...__t._ <br /> <br />The undersigned is the holder or the nole or notes !'ccured hy Ihi... DL'L'O ill Tlt)',l S<tillllll[l' PI Ihlll..... In1-'l'Illl'l <br />with all other indebtcdnes!-o secured by thi!-o Deed of Trust, havc bt.'el1 paid III lull. ....(lll all' hl'rl'h~ UIIl"l'lnJ [ll ~-alh'l'l ...;Ild <br />note or notes and thi!o. Dccd of Tru!o.t, whit.:h arc delivcred hl'rchy. and In It'LTlIl\ l'\. \\ IIlhllJ! \\.11 I :lIl[" ,111 Illl' l.... 1;11 l' <br />no\\ held by you under Ihis Deed of Trulol 10 the person 01 Pl'r...on!'> Il.,!!<tlh l'l1llllnJ llTl'll'!ll <br /> <br />Date: <br />