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<br />~;.i-10581t! <br />Nf)N-UNIFORM COVENANTS Borrower ond Lender rurt.her co\'cnllnlond agree as follows: <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to Dcceleration following Borrower's <br />breach or.ny covenant or agreement in this Sccurlt)' Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless .ppllcable law proYldes otherwise), The notice shall specify: (a) the defaultj (b) the action required to cure the <br />default; (el a elate, nct II'S! than 30 days from the date the notice is Riven to Borrower, by which the default must be curedj <br />and Cd) that failure to cure the default on or belore 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 .tceleration and the right to bring a court aelion 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 tbe 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 in,oke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect IllI ex.penses incurred In pursuing the remedies prowided in this paragraph 19, including; but not limited to, <br />reasonable attomeys' fees and costs of title e,ldence. <br />If the power of sale is in,oked, Trustee shall record B notice or default in each county in which any part of the <br />Property is located and shall mail copies of such notice In tbe 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 bidder at the time and place and under the terms designate~ 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 the 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 tbe <br />Property. The recitals in the Trustee's deed sball 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, hut 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 acceleration under paragraph I 9 or abandonment of the Property, 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 collect the rents of the Propeny including those pa."it due" Any rents collected by Lender or the receiver <br />shall be applied first to payment of the costs of management of the Property Bnd collection of rents, inc:1uding, 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 shall request Tru-:;tee to <br />reconvey the Property Bnd shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property 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 shan 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 default and sale be seDI to norrower's <br />address which is the Property Address" <br />24. Riders to this Security Instrument. If one or morc riders are executed by Borrower Bnd reeorded together with <br />this Security [nstrum~nt. the covenants and agreements or each such rider shall be incorpormcd into and shall amend and <br />supplement the covenants and agreements of this Security lnstrument as if the rider(s} were a pllrl of this Security <br />Instrum.nt. [Check .pplicabl. box(..)] <br />o Adjustable R.I. Rid.r 0 Condominium Rid.r 0 2-4 Family Rid.r <br /> <br />o Graduated Payment Rider <br /> <br />o Planned Unil D.velopm.nt Rider <br /> <br />o Olh.r(s) [specify] <br />By SIGNING BELOW. Barr a epts and agrees to the terms and covenants contained in Ihis Security <br /> <br /> <br />g'~~.''''.''' .,.. -'M'~;.~;#f;~m~ <br /> <br />uuu..uu'uu.u f.~~fA~!T ..,-:u.uu.............(S..I) <br />..,..,-;;C1?~....."oJ.'t:::l.,~.._.. -BOrl'QWer <br /> <br />Peggy S. Barger <br />STATE OF NEBRASKA. Hall County S!o: <br /> <br />On this 28th day of October .11) 88 , before me, the undersigned. a Notary Public <br />duly commissioned and qualilicd for said L'oumy. pcr!'lonlllly ~an1t' Jerry J. Barger and Peggy S. Barger, <br />each in his and her own right, and as spouse of each ather, . 10 me known [0 bL' till: <br />identical person(s) whose name(s) arc subscribed 10 Ihe rorc:pnin~ in\lrullll'nl ami al.:knowledged the eXL'l.'ulion <br />thereof to be voluntary act and deed" <br />Witness my hand and notarial seal at Grand Island, Nebraska <br /> <br />dalc afor.said, I 6~~~,.I,. <br />My Commission expires: ,~....-.....--." . <br /> <br />in -,.aid 1.'1lUnly, tilL' <br /> <br />fl~/F Q~7- <br /> <br />,\:,'I.I,\l'uhl>, <br /> <br />REQUEST FOR REUINVI,Yi\NU <br /> <br />To TRU~TU <br />The undcr<,iguL'd 1\ the hoh.kl Ill' thc 11011.' or IHllc!o "~'l.."lIrcd h~ !tll~ Ill-l'd ,\1 I tll~1. "aid tlLlk tit th\Il:~. !llJ!dlll" <br />wllh all other mdchtl'UIIC'" \CI..IIIl'U hy ,hi... 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