88106330 - Laserfiche WebLink

Browse

88-106330 NON. UNIFORM COVENANTS. Borrower and Lenaer further covenant and agree as follows: 19. Aec:elerallon; Remedies. Lender shall Illve nollce to Borro"er prior to aec:elerallon following Borro"er's breach of any....nant or agreemenl In this Security Instrument (but nol prior to aec:elerallon under paralP'aphs 13 and 17 unless applicable la.. provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (e) a date, not less than 30 clays I'rom the date the notice Is Ill,en to Borro..er, by "hich the default must be cured; and (d) that failure to cure the defsult on or betore the date specllied In the notice msy result In aeceleratlon of the sums seeured by this Security Instrument and sale of the Property. The notice shall further Inform Borro..er of the rlghl to reinstate after aec:elerallon and the right to hrlng a court acllon to assert the non-exlstence of a default or any other defense ofBorro"er to aeceleratlon and sale. Ifthe default Is not cured on or hefore the date specllied In the notice, Lender al Ita option may require Immedlale pa)1llent In full of all sums secured hy this Security Instrumenl without further demand and mayin,uke the po"er of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided In this paragraph 19, Including; but not limited to, reasonable attome)'S' fees and cosls of lIt1e evidence. If the po"er of sale is in,oked, Truslee shall record a notice of default In each county in "blch any part of the Property is located and shall mall ..pies of such notice in the manner prescribed by applicable 10" 10 Burrower and to the other persons prescribed by applicable la". After the time required by applicable 10", Trustee shall giYe public notice of sale 10 the persoas and in the manner prescribed by applicable law. Truslee, "ithoul demand on .Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under tbe terms designated In tbe notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of tbe Property by public announcement at the time and place of any previously scheduled sale. Lender or its deslilnee may purchase tbe Property at any sale. Upon receipt of pa)1llent of tbe price bid, Trustee shall deliver to the purcbaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statemenls made therein. Trustee shall apply the proceeds of the sale in the follo..ing order: (aJ to all expenses of the sale, Including, but not limited to, Trustee's fees as permitted by applicahle law and reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (cJ any excess to the person or persons legally entitled to it. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by j.dicially appointed receiver) shall be entitled to enter upon, take possession of and maoagc the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but nol limited 10, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Propeny without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 22. Substitute Trustee. Lender. at its option, may from tIme to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in Ihe county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the litle. power and duties conferred upon Trustee berein and by applicable law. 23. Request for Noli.... Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property Address. 24. RIders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement Ihe covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security InstrumenL [Check applicable box(es)) o Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider o Graduated Payment Rider o Planned Unit Development Rider o Other(s) [specify] By SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. ........................................................................................ n~th. H:..K;:;~{(..~.~~~e:2 . ": t!ciim..t:f:.~- ; - ..:..........(Seal) e~'jine E. Koe~ -eorrowe, STATE OF NEBRASKA. Hsll County ss: On this 25th day of November ,19 88, before me, the undersigned. a Notary Public duly commissioned and qualified for said county, per~onally came Kenneth H. Koepke snd Geraldine E. Koepke, each in his and her own right, and as spouse of each other. to me known 10 be Ihe identical person(s) whose name(s) are subscribed 10 Ihe foregoing instrument and acknowledged the execution thereof to be their volunlary act and deed. Witness my hand and notarial seal at Grand Islsnd date aforesaid. . ...7n.. Hate":