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<br />88- <br /> <br />107058 <br /> <br />NON. UNIFORM COVENANTS Borrower and Lender funher covenonl and o~ree as follows: <br />19. Accelerallon; Remedies. Lender shall llI,e nollce to Dorrower prior to acceleration following Dorrower's <br />breach of any co,enant or allfeement In thll Security Instrument (but not prior to accelerallon under paraill'aphl 13 and 17 <br />unleu applicable law provides otllerwlllll. The nollce shalllpeclfy: (al the default; (b) the aellon required to cure the <br />default; (c,) a date, nol leu than 30 days from tbe date the notice la llI,en to Borrower, by which the default musl be cured; <br />and (d) that fallore 10 core the defaolt on or before Ihe dale Ipeclfied In the no.lee may reloll In accelerallon of the lums <br />secored by this Se;:urlly Instrumenl and sale of the Properly. The notlce shall further Inform Borrower of the right to <br />relnltale after atceleratlun and thr right 10 bring a court acllon to assert the non.existenee of a default or any other <br />defense of Borrn"~" t:: ",,<eleratlon and sale. lUbe default is nol cured on or before the date specified In Ihe nollee, Lender <br />at III option may o"",~j,,, Immediate payment in full of all sums secured by this Security Instrument withoul further <br />demand and may invoke tbe power ohale and any other remedies permitted by applicable law. Lender Ihall be enlitled 10 <br />eollecl all expenses incurred In pursuing tbe remedies pro,ided In this paragraph 19, Including; but nol limited to, <br />reasonable allorneys' fees and costs nUitle e,ldenee. <br />If the power of sale is In,oked, Trustee shall record a "otlee of default In each county In which any part of the <br />Properly is located and shall mall copies of sucb nol!ee in tbe olanner prescribed by applicable law to Borrower and 10 the <br />other persons prescribed by applicable law. After Ihe time required by applicable law, Trustee shall give public nolice of <br />sa!e to tbe persons and in the manner prescribed !ly applicable law. Trustee, without demand on ~orrower, shall sell the <br />Property at public auction to the highest bidder at the lime and place and under the lerms designated In the notice of sale in <br />one or mure parcels and in any order Truslee determines. Trustee may postpone sale of all or any parcel of the Properly by <br />public announcement al Ibe time and place of any previously sobeduled sale. Lender or its designee may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deli,er to the purchaser Trustee's deee! connying tile <br />Property. The recitals in tbe TrMtee's deed sball be prima facie evidence of Ihe trutll of the stalements made tIIereln. <br />Trust~ shall apply tile proceeds of Ihe sale in tbe following order: (01 to all expenses of the sale, including, but notlimiled <br />10, Truslee'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 entilled to it. <br />20. Lender In Possession. Upon acceleration under paragraph 19 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 />Propeny and to collect the rents of the Propeny including Ihose past due. Any rents collected by Lender or the receiver <br />shall be applied first to payment of tbe costs of management of tbe Propeny 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. Recon,eyanee. Upon payment of all sums secured by this Security Instrument. Lender shall request Trustee to <br />reconvey the Propeny and 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 10 il. Sucb person or persons shall pay any recordation costs. <br />22. Substitule Trustee. Lender, at its option, may from lime to time remove Trustee and appoint a successor trustee <br />to any Truslee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. <br />Without conveyance of the Propeny. tbe successor trustee shall succeed to all the title. power and dUlies conferred upon <br />Trustee herein and by applicable law. <br />23. Requesl for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's <br />address whicb is the Property Address. <br />24. Riders 10 tbis Security Instrument. If one or more riders are executed by Borrower and recorded together witb <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 agrecments of this Security Instrument as if the rider(s) were a part of Ihis Security <br />Instrument. [Check applicable box(es)] <br />o Adjustable Rule Rider 0 Condominium Rider 0 2-4 Family Rider <br /> <br />o Graduated Payment Rider <br /> <br />o Planned Unit Development Rider <br /> <br />o Other(s) [speeify] <br /> <br />BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in any rider(s) executed by Borrower and recorded witb it. <br /> <br />~/t...!..,j~'........................(Seal) <br /> <br />Todd J. S~ii'da -!!om>w., <br /> <br />....................................................................................... ~~~..:t...~.~\'l~O-.................(Seal) <br />Denise E. Svoboda -!!om,..., <br /> <br />STATE OF NEBRASKA. <br /> <br />Hall <br /> <br />CouOly 55: <br /> <br />On this 23rd day of December . 19 88 . before me, the undersigncd, a Notary Public <br />duly commissioned and qualificd for said county. personally camc Todd J. Svoboda and Denise E. Svoboda <br />each in his and her own right, and as spouse of each other . 10 me known to he Ihe <br />identical person(s) whose namc(s) are subscribed to the foregoing instrument and acknowledged the execution <br />thereof to be their voluntary act and decd. <br />Witness my hand and notarial seal at Grand Island, Nebraska in said LOlInlY, the <br />date aforesaid. <br /> <br />My Commission eXPires:6L.~~.. E. Q.!n.~""~" <br />Nlllilr\ Pllhh~' <br />REQUEST FOR RECONVEYANCE <br /> <br />To TRUSHE <br /> <br />The undcn,igncd i!'l the holder Ilf the 11011: nr note... ,ecureu h~ Ihl' Dl'l'U 01 1111"'. Said nt'll' \II Iltl'~'''', IllJlt'lllcf ' <br />"ilh all olher indcblc-ullc':t\ 'ict:urcd h~' Ihi, Dccd III -I HI'I, hu'",." hccn pUIJ III lull. YlllI ill~' h~'1 ~'h, dl' ~'...'Ied [II \.'alh.'d ";lld <br />notr= or nole!. and Ihi... Deed of fru..,. "hidl arc t1dnl..'rl...t1 hcr~hy. ant..lll)Il'\.'OIlH\, \\lltHllll \\<lfl;II1I\. ,tlllla' \"I,lll' <br />ntm held h\ \-"'\1 under thi... nt'cd 01 Tru"'1 10 thl' pl'r"tHl Ilr rl"r'tllh Iq!:tlh ~'nlllh'd Ihcre!lI . <br /> <br />[)alc <br />