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NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follow..: <br />19, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of Bay covenant or altroement In this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />union 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 notice Is given to Borrower, by which the default must be cured; <br />Bad (d) that failure to cure the default on or before the date specified in the notice may result in aceelenlion of the sums <br />secured by this Security Instrument and sale of the Property. The notice shell further Inform Borrower of the right to <br />reltwtate after acceleration and the right to bring a court action to assert the non-existence of a default or any other <br />deform of Borrower to acceleration and sale. If the default is not cured on or before the date specified In the notice, Lender <br />at its option may require immediate payment In full of all sums secured by this Security Instrument without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law, Lender shall be entitled to <br />collect all expenses Incurred in pursuing the remedies provided In this paragraph 19, Including, but not limited to, <br />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 part of the 3 <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 en 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 in 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 (et any excess to the person or persons legally entitled to it, <br />20. Lender in Possession. Upon acceleration under paragraph lt) 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. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee ro <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 recomey 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 be sent to Borrower's <br />address which is the Property Address. <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 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 1 -4 Family Rider <br />Ei Graduated Payment Rider Planned Unit Development Rider <br />Ex]. Other(s) [specify] Adjustable Rate Assumption Rider <br />�s <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 with it. <br />c�C.Gzr.tf -c //� Fl..... "..:. ....:. ..(Seal) <br />•i> /(o t, .t!! Cr 3. J �! ;k Iii l(ALOTAAY • Etat s McCREERY — Borrower <br />— J BEVERLY J. R <br />W , <br />MY Comm, txyY 4...... `.. ...... " ....... <br />�/1, v E. M� ... .� / —Borrower <br />'7 6� Yk,x ,d.Q-CVv. ��j(�C�ca -? �" /�' '� axe 9abw This Lim For lkMnowladAmenl] - <br />ACKNOWLEDGMENT <br />We, John K. McCreery and Frances E. McCreery, Husband and Wife, <br />( "Borrower"), under that certain Deed of Trust dated October 16, 1987, <br />( "Deed of Trust ") to be entered into amoung Trustor, Grand Island Abstract, <br />Escrow and Title Company, ( "Trustee ") and Citicorp Mortgage, Inc. <br />670 Mason Ridge Center Drive,St.Louis, MO 63141 ( "Beneficiary ") covering <br />the following described property[ <br />Legal Description; See Front Page. <br />Hereby acknowledge that it is understood that (a) the Deed of Trust <br />to be executed by Trustor is a trust deed and not a mortgage and (b) <br />the power of sale provided for in the Deed of Trust provides substan- <br />tially different rights and obligations to the Trustor than a mortgage <br />in the event of a default of breach of obligation. <br />Trustor Acknowledges that this Acknowledgment was made prior to t.ho <br />execution of the Deed of Trust. <br />Exocuttpdd a'n /ddN:liverr -d this 16th day of October, 1987 <br />r r <br />rustor Jahn K. revery Trustor, i:rancra(4 P. Mccr.,a''ry <br />? <br />Subsr:ribwd an t. (s IGr y t'�f lr`i l')87. <br />IML R t3�11MdER % try <br />Not ; <br />5' <br />