|
NONUNIFORM COVENANTS Bn d I de f 87`' 103588
<br />. rrower an en r urther covenant and agree as follows:
<br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to accel',ntion following Borrowers
<br />!reach of any covenant or agreement in this Security Instrument (but: not prior to acceleration under paragraphs 13 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 dace the notice is oven to Borrower, by which the default must becured;
<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 immedistepayment in full of all sums secured by this Security Instrument without
<br />further demand and may invoke the power sale and any other remedies permitted by applicable law. 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 sale 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 copiesofsuch notice i r. 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 desi3'nee may purchase the
<br />Property at any sale.
<br />iJpon recei�rt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
<br />Property. The retools in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.
<br />Trtrseee 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 be entitled at enter upon, take possession o and manage the
<br />Property and tocollect the rents of the Property including those past due. Any rents collected by Lenderor the receiver shall
<br />be applied first to payment of the costs of 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. Reconveyanee. 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 reworded 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 char copies of the notices of default and sale be sent co Borrower's
<br />address which is the Property Address. Borrower further requests that copies of the notices of default and sale be sent to each
<br />person who is a party hereto at the address of such person set forth herein.
<br />24. Rioters to this Security Instrument. If one or more riders are executed by Burrower and recorded together with
<br />this Security Instrument, the covenants and agreements of cacti 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 ❑ 2A Family Rider
<br />❑ Graduated Payment Rider ❑ Planned Unit Development Rider
<br />❑Other(s) I specify I
<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 ch it
<br />.....�/...t.c..�...... (Seal)
<br />Curt, Witt — Borrower
<br />u . .' ?... .... (Seal)
<br />Barbara K. Witt — Borrower
<br />ItsPaoa show, This• tin. Few Aeknowwdg,,,*,,%1
<br />STATE OF NEBRASKA . ............ .....Vaal,.................... County ss.
<br />On this ......16th ....... day of .......JIUP9r. I ... , 19 . AT, before me, the undersigned, a Notary Public
<br />duly commissioned and qualified for said county, personally came CUrtia .L.. Kitt. and. Barbara .K.. Witt.,.
<br />. Husband. arid Ni.fa ........................... ............................... . to me known to be the
<br />identical person(s) whose name(s) are subscribed a, the foregoing instrument and acknowledged the execution thereof rat be
<br />..................i$@ir ........... voluntary act and deed.
<br />Witness my hand and notarial seal at .......... Grand. lgland#. NE ............... in said county, the date
<br />aforesaid.
<br />My Commission expires: March 10,
<br />�1MI
<br />E
<br />04 rr x 141ff:
<br />1990 . . ........... Y
<br />Notary Public
<br />
|