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87101542
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87101542
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Last modified
10/19/2011 3:52:20 AM
Creation date
3/27/2008 2:03:37 PM
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DEEDS
Inst Number
87101542
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87-101542- <br />N,' - i.:;�+r„Klt C61i..NA:IrS. Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. fender shall give notice to Borrower prior to acceleration following Borrower's breach of <br />any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless <br />applicable law provides otherwise). The notice shall specify: (a) the default. (b) the action required to cure the default; (c) a <br />date, not less than 30 days from the date the notice h given to Borrower, by which the default must be cured; and (d) that <br />failure to care the default on or before the date specified is the notes may result In acceleration of the stems secured by this <br />Security Instrument and sale of the Property. The notice shall hetber inform Burrower of the right to rekptate after <br />acceleration and the right to bring a court action to Issue" the sonildstence of a default or any other defense of Borrower to <br />acceleration and sale. If the default is not card on or before the date specified o the notice, Leader at its option may <br />require immediate payment in full of all sum secured by this Security tastruseent without further demand and my Invoke <br />the power of sale and any other remedies permitted by applicable law. Leader ,ball be entitled to collect all expenses incarred <br />In pursuing the remedies provided in this paragraph 19, including, but not limited to, reasonable attorney's fees and costs of <br />title evidence. <br />If the power of sale is Invoked, Trustee shall record a notice of defwN In each county is which any part of the <br />Property Is located and sball 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 sak <br />to the persons and in the manner prescribed by applicable law. Trustee, without dens" on Borrower, shah sell the Property <br />at public auction to the highest bidder at the time and place and under the tams designated In the notice of sale in one or <br />more parcels sod In any order Trustee determines. Trustee may postpone ask of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled sale. fender or its designee may purchase the Property at <br />any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's eked conveying the Property. <br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall <br />apply the proceeds of the sale he the following order: (a) to all expenses of the sale, Including, but not United to, Trustee's <br />fees as permitted by applicable law and reasonable attorney's fees; (b) to all sum secured by this Security Instrument; and (c) <br />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 (m person, <br />by agent or by judicially appointed receiver) shall be entitled to eats upon, take possession of and manage the Property and <br />to collect the rents of the Property including those past due. Any rents collected Ly Lends or the receiver shall be applied <br />first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's <br />fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Security instrument. <br />21. Reconveyance. Upon payment of all sums secured by this Security lusumnent, Lends shall request Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all totes 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 to <br />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 be sego to Borrower's address <br />which is the Property Address. <br />24. Riders to this Security Inatrunast. If one or more riders are executed by Borrower and recorded together with this <br />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 riders) were a part of this Security Instrument_ <br />(Check applicable box(es)] <br />Adjustable Rate Rider ❑ Condominium Rider 13 2-4 Family Rids <br />Graduated Payment Rider 0 Planned Unit Development Rider <br />0 Other(s) Ispecifyj <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants Contained in this Security Instrument and <br />in any ri (<_) executed by Borrower and recorded with it. <br />y �e .;Seal) (Seal) <br />Samuel L. Smith a-- <br />STATE OF <br />Nebraska <br />COUNTY OF lia l l <br />(Seal) <br />ft-- <br />tsp— sib. Ten. tme Fa A& —%ft —1 <br />I SS: <br />(Seal) <br />— aw,.>.o <br />1, the undersigned , a Notary Public in and for said county and state, do hereby certify that <br />before me and is (are) known or proved to me to be the person(s) who, bra informed of the contents of the foregoing <br />instrument, have executed same, and acknowledged said instrument to be I free and voluntary anti and <br />M., ea. rbmr <br />deed and that - he executed said instrument for the purposes and uses therein set forth. <br />fir, sAr !r,er� <br />Witness my hard and official seal this _ 19th <br />My C <br />X k weer -illy tot � <br />CARCIYN J. itlloafs <br />111 A <br />caus, <br />Thus ,ts.!rur „rrt! +a. by <br />day of March <br />f � <br />Notary Pub)k <br />19 87 <br />i <br />s <br />4 <br />i <br />l <br />3 <br />KI <br />
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