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87-- 10607J. NON IINIFORM COVENANTS. Borower and Lender further ulvenanr and aglec ,is follows. 19, Acceleration; Rvmedies. Lender shall give notice it, Borrower prior m acceleration fallowing Borrower's hreach of any covenant or agreement in this Security Instrument abut nut pour to acceleration under paragraphs 13 and 17 unless applicahle law provides otherwise).'I'he notice shall specify; (it) thedefault; (b) the action requiredtoc•ure the default; (c) a date, not less than 3t) days from the plate the notice Is iven io Borrower, by which the default must he cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to tiring a court action u) assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the clefautt is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, "Trustee shall record a ootice of default m each county in which any par of the Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Burrower and to the other persons prescribed by applicable law. After the time required by applicable Iaw,Trusteeshall give public notice of sale to the persons and in the manner prescribed by applicable law.'Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time anti place and under the terms designated in the notice of sale in one or more parcels and in any order Trustce determines, Trustee may postpone sale of all or .any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order (it) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lendcr tin person, by agent or by judicially appointed receiver) shall he entitled u) enter upon, like possession of and manage the Property and to collect the rents of the Property including those• past due. Any rents collected by Lendcr or the receiver shall be applied first tar payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable atwrne•ys' fee's, and then to the sums secured by this Security Instrument. 21. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee co reconvey the Property and shall surrender this Security Instrument and all notes e'vide'ncing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge nt the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 22. Substitute Trustee. Lender, at its opoon, may trorn time to time remove Trustee and appoint it successor trustee to any Trustee appointed hereunder by an instrument recurred in the County In which this Security Instrument is recorded. Without conveyance of the property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 23. Request for Notices. Burrower requests that cupicS of the ounces of default and sale be sent to Borrower's address which is the Property Address. Borrower further requests that copies of the notices of default and sale be sent to each person who is a party hcrcro it the address of such person set forth he•rcin. 24. Riders to this Security Instrument. If one or inure• riders are executed by Burrower and recorded together with this Security Instrument, the covenants and agreements of cacti such rider shall he incurpor i(cd into and shall amend and supplement the covenants and agreements of this Security liisirunpent as if the rider(s) were a part of this Security Instrument. I Check applicable box(cs). ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 2 -4 Family Rider ❑ Graduated Payment Rider ❑ Planned Unit Development Rider ❑ Other(s) I specify BY SIGNING BFLOW, Burrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any riders) executed by Burrower and recurde•d with it ^ .............(Seal) Earl E. Smith — Borrower ............. ............................... (Seal) -- Borrower [Space Below This Line For Acknowledgment( STATE OF NEBRASKA . ....................HALL ................. County ss. On this .... 9th .......... day of ..... October... , 19 .87 ., be•torc- inc, the undersigned, a Notary Public duly commissioned and qualified for said (ounty, personally came ..Earl . E...Smithp . a .single. person ....... ................ . to ntc known to he the identical persons s) whose namtr(si arc subscribed to the• foregoing insn ume•nt and acknuw ledged the cxcc ut;on (hereof to be .............1318 ............... voluntary act and deed Witness my hand and notarial seal at ...Grand. Island,. Nebraska .............. in sold County, ;tic tine aforesaid V � My Commission expires. March 10, 1990 Nutniy Public CM L w wa ly I& E too _J