L
<br />87- 100450
<br />NON-UNIFORM COVENANTS Borrower Bret! I.c•ss.ier follows:
<br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs Hand
<br />and
<br />17 unless applicable law provides otherwise ). The notice shall specify: !a) the default, (b) the action required to cure the
<br />default, (c) a date, not less than 30 days from the date the twtice is t ven to Borrower, by which the default must he cured;
<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
<br />right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any
<br />other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice,
<br />Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without
<br />further demand and may invoke the power of We and any other remedies permitted by applicable laws. Lender shall be
<br />entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not
<br />limited to, reasonable attorneys' fees and costs of title evidence.
<br />If the power of sate is invoked, Trustee shall record a notice of default in each county in which any pan 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 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
<br />in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property
<br />by 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 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
<br />limited to, Trustee's fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this
<br />Security Instrument; and (c) any excess to the person or persons legally entitled 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 he 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 shall
<br />be applied first to payment of the costs tat management of the Property and collection of rents, including, but not limited to,
<br />receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees. and then to the sums secured by this Security
<br />Instrument.
<br />21. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br />reconvey the Property 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 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 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 rile notices of default and sale he sent to Borrower's
<br />address which is the Property Address. Borrower further requests that copies of the notices of default and 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 together with
<br />this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and sh:dl 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 ❑ Condominium Rider ❑ 2-4 Family Rider
<br />O Graduated Payment Rider ❑ Planned Unit Development Rider
<br />D Other(s) I specify I
<br />BY SIGNING BELOW, Borrower accepts and agrees t e erns and covenants contained in this Security
<br />Instrument and in any rider(s) executed by Borrower and recur
<br />i
<br />. .. ............. ......(,....: .. ._ .....!Beall
<br />Richard W. lley — Borrower
<br />........I (Seal)
<br />Bernice M. Bailey -- Borrower
<br />ISpece Below This tine For Acknowledgment)
<br />STATE OF NEBRASKA. ..... Hall .. ............................... County ss
<br />On this ... 21St.......... day of ... AanuarY ..... , 19 8.7.. _ betore me, the undersigned, a Nolan Public
<br />duly commissioned and qualified for said county, personally came ....R1Gi1.dCd. W.•.. @d i.l,ey..and. R2t"p j C,e ,M,_
<br />.$ 01. 1. ey ........................................ ............................... . u, rile known at he rile
<br />identical person(s) whose names) are subscribed to the foregoing instrument and acknowledged the execution thereof robe
<br />.............. toe.tc............... voluntary act and deed.
<br />Witness my hand and notarial seal at , , , . , . , , , _ in said COMM, the dare
<br />aforesaid.
<br />erer rxpr
<br />test tNt sea. r r.ws.►. .� v ..... .
<br />GREGM D. ROBERIS
<br />by Caws. Etp. AuuK 5, I49J „ Notary Pub(¢
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