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87100279
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Last modified
10/18/2011 11:45:13 PM
Creation date
3/27/2008 1:51:40 PM
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DEEDS
Inst Number
87100279
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1042'9 <br />NON - UNIFORM COVFNAN IN. Borrower and Lender further covenant and agree as failows: <br />19. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security instrument (lout not prior to acceleration under paragraphs 13 and 17 <br />nalm applicable law provides otherwise). The notice shall ify: (a) the default; (h) the action required to care the <br />default; (c) a date, not lemon than 30 days from the date the notice is given to Borrower, by which the default most be cnryd; <br />and (d) that failure to cure the default on or before 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 acceleration and the right to bring a court action 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 specifiers in the notice, Leader <br />at its option may require immediate payment in full of all sums secured by this Security Instrument without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, <br />reasonable attorneys', fees and.costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the <br />Property is located and shall mail copies of such notice in he manner prescribed by applicable law to Borrower and to the <br />other perms 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 designated 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 decd conveying the <br />Property. Tice 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 />20. Leader 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 />Property and to collect the rents of the Property including 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 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 t} rity Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security Instrurr d notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property wi.: :anty and without charge to the person or persons <br />legally entitled to it. Such person or persons shall pay any recor posts. <br />22. Substitute Trustee. Lender, at its option, may from tin: ;o time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in ;e county in which this Security Instrument is recorded. <br />Without conveyance of the 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 def auit and sale he sent to Borrower's address <br />which is the Property Address. Borrower further requests that copies of the notice of default and notice of sale he sent to each <br />person who is a party hereto at the address of such person set forth herein. <br />24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded togetber 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 applicable box(es)] <br />Adjustable Rate Rider E Condominium Rider ,', Z-4 Family Rider <br />Graduated Payment Rider _ Planned Unit Development Rider <br />Other(s) [specify] <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 with it. <br />Ierrir l/ Dvorak — BQ+tower <br />f ; <br />E� <br />i.,. ............. ....(Seal) <br />Barbara J Dvorak — 8orrower <br />STATE or E BRAsKA .......... ....._._.._... ..... -..... }111.1................................ ounty B&: <br />On this . ... ..- ....1., +.th. -- -.- day of .... 19..x7.-, before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came ..- ......... ........ ...-........— ........... — ................. <br />a. 1 ry__,T,_.- .7vprak -and.. iiarl?ara_.,1.,..- lly�riik•,- hugh 3nci- an l..g'i.1.ex., to me known to be the <br />identical persons) whose names) are subscribed to the foregoing instrument and acknowledged the execu- <br />tion thereof to be ......._. ...... ... voluntary act and deed. <br />'rand <br />Wit nay hand and notarial seal at ...........:...........I .. s...l a ..._ n . d ...... --....._...._ in said county, the <br />...._......_._.... <br />date aforesaid. <br />My Commission expo A9iAgY $tee s' �< #a <br />.. 1. <br />ra,w�r tit >tre <br />We are an Equal Etnploymerat. Opportunity/Affirmative Action Employer >L1JIa. <br />_.,_ _. -_. -.. . -.... Sgace ark. rtes Lm Fm kkmro _. _.. <br />
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