Laserfiche WebLink
t <br />9 <br />86-- 10239`.; <br />NONUNIFORM COVtEN.ANTS- Borrower and Lender further covenant and agree as billows: <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument abut 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 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 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 right to <br />reinstate after 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, tender <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 <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 (if <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 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 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 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 hereunderby an instrument recorded in the county in which this Security Instrument is recorded. <br />Without convevance of the Property, the succe ..or 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. *CONTINUED BELOW <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 ne 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 Z-4 Family Rider <br />Graduated Payment Rider =, Planned Unit Development Rider <br />Other(s) [specify) <br />BY SiGNINC BELOW, Borrower accepts and agrees to the to and cotenants contained in this Security <br />instrument and in any rider(s) executed by Borrower and recorded w' it. / <br />i <br />o % <br />....+✓l. • .............. ......... _..._(Seal) <br />/ C. Gardner <br />(�� <br />........ ............................... .. .. _ __(Seal) <br />— 5onower <br />- - -- - - - -- [Space Below This Line For Acknowledgment) - - -- -- - - - - -- <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 sat forth <br />herein. <br />STATE OF Nr: 13RASKA .... D DUql r3S -------- .....-... ....... ....... ............. .. ............County ss: <br />On this .9t??........_. ........ clay of . "S?X.._ ................ :9._86., before rte, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally carte __..... _... ...... . _- ..- ...._._._ ..............__ <br />James C. Gardner, a sinpae person __......._... _. -._ .. __ - to tae );noun to be the <br />identical person(,,) whose name(s) are subscribed to the foregoing instrument :11(1 so-knoulc(1gt'd the execu- <br />tion ther(:of to be ..... hi9 ...... ........................ ........... ..... ._ ....... _. ... _..__ . -. volunt.ary act and dectl. <br />Witness lily hand and notarial seal tit . ..ta7ki%7GZ,. Nf ?S.dSK�... in :,aid MountY, tilt, <br />dater afore,,aaid. <br />Sly' ('ottuniaa:inn expires: <br />HhT1J111J TL 1 <br />�, %��rt��i����[�St;.tl kert;.Lnnut�! (Itrt,u, nn. - ,_:�..,.,, , _, i•, �„ !� <br />,ac1 <br />d <br />�F <br />tr) <br />i.l? t <br />