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88105341
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88105341
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Last modified
3/9/2007 5:41:43 PM
Creation date
3/9/2007 4:41:41 AM
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DEEDS
Inst Number
88105341
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<br />88-105341 <br /> <br />NON.UNIFORM COVENANTS. Borrower ond Lender funher coycnnnll1nd agree l1S rollow5: <br />19. AcceleratioD; Remedies. Lender shan IPye notice to Borrower prior to acceleration rollowlnA Dorrower's <br />brucb of any connant Dr agreement In .hlt Security Instrument (but not prior to Icceleration under PlflgTllphs 13 and 17 <br />unless .ppllcable law pro,ides otherwise), The notice shall spec:ify: (II) the defBultj (b) the action required to cure the <br />defauUi (cJ. date, not less than 30 days from the dlte tbe notice is given to Borrower, by which the ddoult must De curfdi <br />and (d) that r.llure to cure the default on or before the date specified in the nollce may result in Dcceleration of the sums <br />rtCCured by tbls Security Instrument and sale of the Property. The notice shall further Inform Dorrower of the rlRbl to <br />reinstate after acceleration and the right to bring a rourt action to as.sert the non.exlstence of a default or an)' other <br />ddense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender <br />It its option may require immediate payment in full of all sums secured by this Secu.rlty Instrument without furl her <br />demand Bnd may Invoke the power of sale and any otber remedies permitted by applicable iaw. Lender shan be entitled to <br />rollect all expc'nse5 incurred in punuing the remedies provided in this paragraph 19, Including, but not llmitcd to, <br />reasonable attorneys' fees and costs of tlUe evidence. <br />If the power of sale ls -in,oked, Trustee shall record a notice of default in each ~ounty in which any pari 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 10 tbe penons and in the monner prescribed by applicable (alt. Trustee, without 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 the notice of sale in <br />one or more parcels and in any order Trustee determines.. Trustee may postpont: sale of all or any parcel of the Property by <br />public announcement at the time and place of any prcl'iously 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 delher 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 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 />2U. Lender in Possession. Upon acceleration under paragraph Iq or abandonment of the Property, Lender (in <br />person, by agent ar by judicinlly appointed receiver) shall be: entllled 10 ~ntcr upon. take pOsst.'ssion of and manage the <br />Property and to collect the rents of the Property mcluding those past due. Any rents collected by Lender or the receiver <br />shall be applied first to payment of the costs of management of the Propeny and collection of rents, including, but nol <br />limited to, ro:eiver's fees. premiums on receiver's. bonds and reasonable anomeys' fees, and Ihen 10 the sums secured by <br />this Security Instrument. <br />21. Reconveyance. Upon payment of all sums secured by Ihls Security Instrument. Lender shall request Trustee to <br />reconvey the Propeny and shall surrender this Security Instrument and all notc~ evidenCing debt '-,ecurcd by Ihis Security <br />Ins1rument 10 Truslee. Trustee sball'rcconvey the Propeny without warranl)' and without charge 10 Ihe person or persons <br />legally entided 10 it. Such person or persons shall pay any recordation co..t". <br />22. Substitute Trustee. Lender, at its option, mny from Hme In time remOVe Trustee and apPOln1 a successor trustee <br />to any Trustee nppoin1ed hereunder by an instrument recorded in the county tn which thls Security Instrumen1 is recorded. <br />Without conveyance orthc Property, the successor trustee shall succeed to all the.title. power and duties conferred upon <br />Trustee herein and by applicable law. <br />23. Request for Notices. Borrower requests that copies of the notices of defaull nnd sale be ..ent 10 Borrower's <br />address which is the Propcny Address, <br />24. Riders 10 this Security InsrrumenL Irone or more riders ure executed by Borrower and recorded together with <br />this Security Instrument. the covenant~ and agreements of each such nder shall be incmporaled into and shull amend Ilnd <br />supplement the covenants Bnd agreements of this Security Instrument as if the riderl!ol) were a pUrl of Ihl~ SccurilY <br />Instrument, [Check applicable 00,(<5)] <br />~ Adjustable Rale Rider 0 CondominIum Rider ~~~J 2-4 Famlly Rider <br /> <br />o Graduated Payment Rider C Planned Unit De\lclopmenl Rider <br /> <br />B Dlher(s) [specify] ACKNOWLEDGEMENT OF POWER OF SALE <br /> <br />By SIGNING BELOW. Borrower accepts Ilnd agrees 10 the terms and ~~wel1ants !:ontamed 10 Ihls Security <br />Instrument and in any rider(s) executed by Borrower and recorded With II <br /> <br />........~.,~~,.. <br />{...........(j~JQ.. 08&1.. <br /> <br />[$po", Be"'. _ Un< '0< ."'no.~nl] <br /> <br />.....(Seal) <br />_Borro....er <br /> <br />..,(Seal) <br />_Borrower <br /> <br />STATE OF <br /> <br />NEBRASKA <br /> <br />:::::~~:::::::::::::::::::::: }ss: <br /> <br />comITY OF <br /> <br />The roregoing instrument was acknowledl!ed before me thi5....~~?~~~~.?~.~. }.~~~... ............ ..... .......... <br />(dale) <br /> <br /> <br />/' <br /> <br />1\ ' , ! ( <br />I 'i.l,~.L.,''',:~,' <br /> <br />i I I --/ <br />,1 1.1/1- ,:'. <br /> <br />Notury Publu; <br /> <br />Thls Imtrumenl w.n prepared by".. <br /> <br />.JOAN L. IllLLENBACK <br />
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