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87 10661'7 <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. Lender shall On notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not 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 cure the <br />default; (c) a date, not leas than 30 days from the date the notice is given to Borrower, by which the default must be cured; <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 shag further inform Borrower of the right to <br />reinstate after acceleration and the right to being It court action to assert the non - existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is riot cured on or before the date specified in the notice, Lender <br />at its option may require immediate payment in fall 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 coats 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 <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 />sae 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 it 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 (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 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 lo, 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 ofall 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 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 />x_ Instrument. [Check applicable box(es)] <br />yE Adjustable Rate Rider ❑ Condominium Rider 2-4 Family Rider <br />[j Graduated Payment Rider ❑ Planned Unit Development Rider <br />)E Other(s) [specify] Acknowledgement <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 />.............. ............................... ..........F lti...................... (Seal) <br />DA( L. ROMBACH �OROMV' <br />................................................ ............................... I........ ............. " ........ .........!.u..i <br />— Borrower <br />DEW A. ROMBACH <br />STATE OF NEBRASKA, HALL County ss: <br />On this 10th day of NOVEMBER , 19 87 , before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came DAVID L. ROMBACH AND DEBRA A. <br />ROMBACH, HUSBAND AND WIFE , to me known to be the <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution <br />thereof to he THEIR voluntary act and deed. <br />Witness my hand and notarial seal at in said county, the <br />date aforesaid. slow astun- srtileof t••t• <br />p JUtDIU C. K RG <br />My Commission expires <br />ptlr commm. Era <br />........... <br />............. <br />`� u;u •, Puhh.� <br />REQUEST FOR RECONVFYANCF . . <br />To Txusnt_: <br />The undersigned is the holder of the note or notes secured by this I)ccd tat Tnat. Isiud mate tit mitr,, toeelher <br />with all other indebtedness secured by this Iced of Tnast, have been paad as full It ou are hereb% dunned tt canirl tail <br />mote or notes and this I )Led of Trust, which are delkered herebv, and w reconeN. ,ohoin ,arrant%, all the <br />now held 1 +x tau under this Iked of Trn%t to the person of persons lcvalk enutic,l ihcrrrn <br />1):ate. <br />Is- <br />�l <br />