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<br />".. <br /> <br />88-105261 <br /> <br />NON.UNIFORM COYENANTS, Borrower and Lender fun'her covenant and agree as follows: <br />19. AC'C'C!leration; Remedies, Lender sull gin notice to Borrower prior to Dcceleratlon rollowing Borrower'. <br />breach OrllnY COTenant or agreement In this Seeurity Instrumenl(bul nol prior to aceelerallon under paralll'aphl13 and 17 <br />u.less applicable law pro.ldes otherwisel. The notice sban speelry: (al the derault; (bl the action required to cure the <br />default; (ela date, not les.than 30 days rrom the date the notice is glnn to Borrower, by "hleh the derault mUlt be eurcd; <br />aDd Cd) that fallure to eure the default on or berore the date specified In the notice may result In aecelerallon or the ilums <br />secured by this Security Instrument and sale or the Properly. The nollce shon rurther Inrorm Borrower or the right to <br />reinstate after a...eleratlon and the right to bring a court acllon to assert the non.existence or a derault or any otber <br />der..... or Borrower to a...elerallon ond sale. Ir the derault Is not cured on ur berore the dalo specified In the notice, Lender <br />at illi option may require immedlote psyment In rull or all sums secured by tbis Security Instrument wltbout further <br />demond and may i.Toke the power or sale and BOy other remedies permitted by applicable law. Lender shan be enlltled to <br />collect all e>:penses Incurred in pursuing the remedies pro.lded In this paragraph 19, including: hut Dot limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the po"er or sale Is In.oked, Trustee sball record 0 notice or derault in each eounty in wbich any part of tbe <br />Property is located and shall mail copies of such notice in the manner prescribed by spplicable lawto Borrower and to the <br />oth.,. persons pnscribed by applicable law. After the time required by applicable la", Trustee sball giYe public notice of <br />sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on ~orrowerf shall sell the <br />Property at public auction to the highest bidder Bt the time and place Bnd under the terms designated in the notice or sale in <br />one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Properly by <br />publiC announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the <br />Properly at any sale. <br />Upon receipt or payment or the price bid, Trustee sball dell.er to the purchaser Trustee's deed eon.eying the <br />Property. The recitals in the Trustee's deed shall be prima racie evidence of the 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' feesj (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 I q or abandonment of the Propeny, Lender (in <br />person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the <br />Property and to coHeet the rents of the Property induding those past due. Any rents coHected by Lender or the receiver <br />shall be applied first to payment of the costs of management of the Property 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 Instrument, <br />21. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shaH request Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Propeny 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 its option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee 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 tille, power and duties conferred upon <br />Trustee herein ond by applicable law. <br />:3, Request ror Notices. Borrower requests that copies of the notices of default 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 ore 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 part of this Security <br />Instrument. [Check applleahle bo.(o5)] <br />o Adjustable Rate Rider 0 Condominium Rider 0 2-4 Femiiy Rider <br /> <br /> <br />o Graduated Payment Rider <br /> <br />o Planned Unit Development Rider <br /> <br />o Other(s) [specify] <br /> <br />By SIGNING BELOW, Borrower accepts and agrees 10 the terms and covenants contained in this Security <br />Instrument and in any rider(s) executed by Borrower and recorded with it. <br /> <br />.lJ~.E....~.......(Seal) <br />Dona ld E. Arnold -Borrtlwel' <br /> <br />"~~~"::J;=! <br /> <br />S1 A n Ul' NEBRASKA, <br /> <br />Hall Cuullt) .....: <br /> <br />On this 23rd day of September ,19 88, hefnre nw, Ihe unu(,f',igneu, OJ Notmy Pl1hhr <br />duly commissioned and qualified for said county, renonally l'ame Donald E" Arnold and Bertha A. Arnold I <br />each in his and her own right. and as spouse of each other .10 l1Ie knO\\1l tn hI.' ,he <br />identical person(!<.) whose namel!>) are ..ub~cribed 10 the foregoing in"lruOll.nl and .,h.:klhmh.'Ugl'd the L"l.'l".'Ulioll <br />Ihereof to be their \'oluntary at:1 and deeu. <br />\VitltC'M. my hand and nOlarial1i.cal at Grand Island I Nebraska <br /> <br />dalc aforrsaid. 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