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86100597
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Last modified
10/18/2011 6:33:39 AM
Creation date
3/31/2008 2:01:38 PM
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DEEDS
Inst Number
86100597
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L <br />7 <br />86-- 100597 <br />NONUNIFORM COVEN4NTS. Borrower and Lender fu; her covenant and agree as fnikiws: <br />19 Acceleration; Remedies bender shall give notice to Borrower prior to acceleration following Borrowers <br />breach of say covenantor agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 1' <br />m less applicable law provides otherwise). The notice shall specify: (a) the default; (h) 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 />and (d) that failure to curt 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 right to <br />reinstate titer acceleration and the right to bring a 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 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 say other remedies permitted by applicable law. Leader 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 <br />Property is located and shall mail copes 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 />ask 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 heels terms designated an a tercet the <br />f the notice <br />o f sale in <br />one or more parcels and in any order Trustee determines. Trustee may postpone <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 N or abandonment o; 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. Reeonveyance. Upon payment of all sums secured by this Security Instrument. Lender shat) 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 warrant 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 m Borrower's <br />address which is the Property Address. *CONTINUED BELOW. <br />24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded tocether wide <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 Pan of this Securin <br />Instrument. [Check applicable box(es)] <br />Adjustable Rate Rider Condominium Rider 1 Fatnilc Rider <br />—_ Graduated Payment Rider - Planned Unit Development Rider <br />-- Other(s) [specify] <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 />.................... . <br />Robert L. Svoboda <br />...:. i.:.:'.:. � ..... .................. <br />.......(Seal) <br />Paula J. Svoboda <br />— [Space Below This Lim For Ackrwwledgmenil — <br />*Borrower further requests that copies of the notice of default and notice of sale be <br />sent to each person who is a party hereto at the address of such person set forth <br />herein. <br />STATE of NEBRASKA ................ . ._ Hall...... .............. .. ................... -...... County ss: <br />On this _- ,..28th .............. day of ... January - __.... 19_.EA_, before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came ..............__. -- ---------- -.._--- .----- <br />_Ro�grt-- I::.,- ............... to me known to be the <br />identical person (s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execu- <br />tion thereof to be ..... ......0.e_ir .................. ............................ voluntary act and deed. <br />NMI kA <br />a r r� h It.w: Vl <br />-. <br />Grand Isl and, Nebraska in said county, the <br />Witness my hand and notarial sea] at .... . .. ... .... ........... <br />date aforesaid. <br />My Commission expires: <br />S. 0. <br />�egtnggntaa two +twwur. - <br />S. o. ttrolt <br />a, Mh Comm. Exp- Iht ?l, ltM1 <br />l� 'n7r 5tt Io,16 T� t oynirn liln,rtuni i,.' 1'Lrn�;,tn..• 1� c un 1� -i ;,luv� -r �lr i'. <br />7 <br />} <br />,t: <br />
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