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88104497
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Last modified
3/9/2007 5:41:36 PM
Creation date
3/9/2007 4:39:41 AM
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DEEDS
Inst Number
88104497
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<br />gg. 104497 <br /> <br />NON-UNIFORM COVENAN'1~-;;:ower and Le~der further covenanl and agree as follows: <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 the <br />default; (c) a date, not less than 30 days from the date the notice is givcn to Borrower, by which the default must be cured; <br />and (d) that failure to cure the default ou 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 hring a court action to assert the non-existence of a default or any other <br />defense of Borrower to acceleration and sale. If tbe 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 tbe power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses incurred in pursuing thr 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 prescrihed by applicable law to Borrower and to the <br />other persons prescribed by applicable law. After tbe time required by applicable law, Trustee shall give public notice of <br />sale to the persons and in the manner prescribed by applicable law. Trnstee. without demand on Borrower, shall sell the <br />Prnperty at public auction to the highest bidde,' at the time and place and nnder the terms designated in the notice of sale in <br />one or more parcels and in any order Trustee determines. Trustee may postpone ssle of all or any parcel of tbe Property by <br />public announcement nt 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 tbe <br />Property. The recitals in the Trnstee's deed shall be prima facie evidence nf the truth of thc statements made Iberein. <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 applicahle law and reasonable attnmeys' fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to tbe person or persons legally entitled to it. <br />20. Lender in 110ssession. Upon acccleralinn under paragrapb ]9 or abandonment of lbe Property. Lcnder (m <br />""rson, by agent or by judicially appointcd recciver) shall be entilled to cntcr upon. takc possession of and manage the <br />Property and to colleclthe rents of thc Prnperty including those past due. Any rents collected by Lender or the reccivcr <br />shall be applied first to payment of thc costs of management of thc Property and colleclion of rents. includmg. but not <br />limited to. receiver's fees. premiums on receiver's bonds and reasonable attorneys' fees. and then '0 the sums secured by <br />this Security Instrumcnl. <br />21. Reconveyance. Upon payment of all sums secured by this Security Instrument. Lcndcr shall request Trust"" 10 <br />reconvcy Ibe Property and shall surrcnder thIS Security Instrument and all notes evidencing dcbt secured by thl> Secunty <br />Inslrument to Trustee. Trustce shall reconvey thc Property witbout warranty and wllhout charge to the pcrson or persons <br />legally entilled to it. Such person or persons shall pay any recordation costs. <br />u. Substitute Trustee. Lender. at its option. may from time to time remove Trustee and appomt a !lucce.~or trustee <br />to any Trustee appointed hereunder by an IUstrument recorded in the counlY in which this Secunty Instrument IS recorded. <br />Without conveyancc of the Property, lhc successor trustce shall succeed to all the mle, power and dUlles eonfcrred upon <br />Trust"" herein and by applicable law. <br />23. Request for Notices. Borrower requests that copies nf the nOlices of default and sale be ...nt to Borrower's <br />address which is the Property Address. <br />24. Riders to this Security Instrument. If one or more riders are c.ecuted by Borrower and recorded logether wllh <br />this Security Inslrument. tbc covenenlS and agreements of each such rider shall be incorpor .,ted inln and shall amend and <br />supplement the covenants and agreements of this Security Inst!1lment as if the riderhl wcre a part of thIS Security <br />Instrument. [Check applicable 00.(es)1 <br />1Q!I Adjustable Rate Rider LJ Condominium Rider C 2-4 Family RIder <br /> <br />o Graduated Paymenl Rider <br /> <br />o Planned Unit Development Rider <br /> <br />1Q!I Other(s) [specify] Acknowledgement <br /> <br />By SIGNING BELOW. Borrower accepts and agrees to the lenns and covenants contained m thIS Security <br />Instrument and in any rider(s) executed by Borrowcr and recorded with 11. / . <br /> <br />7.~./ /.~ <br /> <br />...(I.J..d~.~;l:.(~~._J......~::..-!.!.;..:..<..':...r..1 I- ~--- <br /> <br />M~chael L. TImmevrnan _ <br /> <br />/ ..~..'"J.:...c:~+.. ..~.~{~/.i..~lj.,...._~.jJ.:..,:-,_._.I.:.~~ <br /> <br />Nancy J. Tjmmerman <br /> <br />............................................................. <br /> <br />...(SeaI) <br />-80"."..,. <br /> <br />STATE OF NEBRASKA. <br /> <br />HALL <br /> <br />County \\: <br /> <br />On this 11th day of August .19 88. before me. Ihe undersigned. a Notary Pub"" <br />duly commissioncd and qualified for said county. personally came MIchael L. T:lmmerman and <br />Nancy J. Timmerman, husband and wife . to m~ known 10 be the <br />identical person(s) whose name(s) are subscribed to the foregoing in~trumcnl and acknO\\.ledgcd lhe c'\ecUlion <br />thercof to be their voluntary acl and deed. <br />Witness my hand and notarial sedl at Grand Island in ...aid I:ounl~. the <br />datc aforesaid. <br /> <br />MyC <br /> <br />" ...... <br />MARGARET M. DILLON <br />IIr ~ &IJ. .." Z. t992 <br /> <br />~/2. .1?tlz .~',':.:( .:.); /. .~~~.~.(. /. :.~. <br />t.... / l\Illl.:J1\ ~\Jhh~ <br />REQUEST FOR ~ONVEYANCE <br /> <br />To TRUSTEE, <br /> <br />The undersigned is the holder of lhe note or nOles secured by thi, Del.'d of Tru"'l. S.JiJ noll' 01 lltllc.... lngelher <br />with aU other indebtedness secured by lhis Deed or Trust. ha\'c been paid in fulL You are hen:b~ dire..:IL'd In L"all\,:L'l"aid <br />note or notes and this Deed of Trust. which are deli\'ered hereby, and In rCl.:onvcy. without \\arranl~. all IhL' l'''laIL' <br />now held by you under this Deed or Trust 10 Ihe person or pcr!ooon... lc:gally entitled therelll. <br /> <br />Datc: <br />
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