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00-- .LU0;44U <br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />14. 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 (but not prior to acceleration under paragraphs 13 and <br />17 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 30days 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 <br />right to reinstate after acceleration and 'the right to bring a court action to assert the non - existence of a default or any <br />other defense of Borrower to acceleration and sale. If thedefault is not cured on or before the date specified in the notice, <br />Lender at its ion'may require immediate payment in full of all sums secured by this Security Instrument without <br />further dema and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be <br />entitled to collect all expenses!' incurred in pursuing the remedies provided in this paragraph 19, including, but not <br />limited to reasonable attorneys fees and costs of tick evidence. <br />If the power 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 noticeof <br />sale to the persons and in the manner prescribed by applicable late. 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 noticeof sale <br />in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property <br />by 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 <br />limited to, Trustee's fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this <br />Security 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 shall <br />be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, <br />receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security <br />Instrument. <br />21. Reconveyance. Upon payment of all sums secured by this Security Instrument, fender 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 co 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. Borrower further requests that copies of the notices of detault and sale be sent to each <br />person who is a party hereto at the address of such person set forth herein. <br />24. Riders to this Security lnstrument. If one or more riders are executed by Burrower and recorded together with <br />this Security Instrument, the covenants and agreements of each such rider shall br incorporated into and shall amend and <br />supplement the covenants and agreements of this Security Instrument as if the rider(si were a parr of this Security <br />Instrument. lCheck applicable box(es).) <br />❑ Adjustable Rate Rider ❑ Condominium Rider 0 2 -+ Family Rider <br />❑ Graduated Payment Rider ❑ Planned Unit Development Rider <br />❑ Other( s)I specify I <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in any riders) executed by Borrower and recordc with it. <br />« EUGENE <br />CAE — Borrower <br />X... ...............11. (Seal) <br />LINDA L. CLARE — Borrower <br />[Space Below This Line For Acknowledgment) <br />STATE OF NEBRASKA. UMZ ...... ............................... County ss. <br />On this �lJ ......... day of ...1-�141ej ....... . 19 . A-- before me, the p undersigned, a Notary Public <br />duI commissioned and qualified for said county, personally carrePR =M .�. CLAM. AM. LII� ).r........ <br />.................... ............................... .......... .to me known rote the <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknoH lodged the execution thereof to fx <br />.� ............................ volun ar.y�ca�c--t- and deed <br />Witness my hand and notarial seal at ...sS f 4ti' ?: i s . t l.Ca44...... m said county, the date <br />aforesaid. <br />1 <br />My Commission expires: <br />............ Z.Gi ............... . <br />Notary Public <br />- MI' OMSnt. Erp. Aps. f ,1989 c r, z, <br />I <br />