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87100495
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Last modified
10/19/2011 12:06:28 AM
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3/27/2008 1:53:46 PM
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DEEDS
Inst Number
87100495
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87-- 1.00495 <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. Leader shall gin notice to Borrower prior to acceleration following Borrowers <br />breach of my count or agreement in this Security Instrnanent (but am prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otherwise). The notice shall specify- (a) the default; (b) the action required to cue the <br />default; (c) a datk not less thm 30 days from the dew the notice is given to Borrower, by which the default must be cured; <br />and (d) that faiium to cue the de[mk on or before the date specified in the notice may result in acceleration of the sums <br />seemed by this Swm* Instrument and ask 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 mcealanliom and ask. If the default is not eared on or before the date specified in the notice, Lender <br />at its optiea may require immediate payment in fail of all alum secured by this Security Instrument without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Leader shall be entitled to <br />collect all expemm incurred in pursuing the remedies provided In this paragraph 19, including, but not limited to, <br />remsemile attorneys' fees and costs of title evideam <br />If the power of sale is invoked, Trustee shall record a nee of default in each county in which any part of the <br />Property is located and shall mail copies of such notice in the mamma prescribed by applicable law to Borrower and to the <br />other persons prescribed by applicable kw. After the time required by applicable law, Trustee shall give public notice of <br />sale to the persons and in the hummer 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 is 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 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 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. Reeanyance. 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 the notices of default and sale besettt to Borrower's <br />address which is the Property Address. borrower further requests that copies of the notices or default and sale <br />be setth�c i a�artyeto at the ad4ress of such rs n set forth herein <br />ty a one or more n ers are execute�by lorrower and recorded together 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 ❑ Condominium Rider ❑ 2-4 Family Rider <br />Graduated Payment Rider 17 Planned Unit Development Rider <br />❑ Other(s) [specify] <br />By SIGNING BE[Aw, 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 />..(Seal) <br />Martin L. M.uetiichau — Borrower <br />............................. `...:........... ............................... (Seal) <br />J, n A. Muenchau — Borrower <br />[Space Below Ttks Line for Acknowletlgmentl <br />State of: Nebraska <br />County of: Hall ASS: <br />On this 23rd day of January , 19 87 , before me, a Notary Public in the State <br />Of Nebraska , personally appeared Martin L. Muenchau and Jean A. Muenchau, <br />husband and wife , to me personally known to be the person(s) named <br />in and who executed the foregoing instrument, and acknowledged that L1ey executed <br />the same as their voluntary act and deed. <br />My Calrstssion Expires: 1 - t i <br />J XrARY P3LIC I <br />EHAAE ry I. <br />NE <br />sr <br />r` <br />
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