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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(¢ <br />