|
86-- 103457
<br />NoN Ij,%*iFr)a+f CovE%,%.%Ts Borrower and Lender f:1 -'l'cr „r,t and agree as follows:
<br />14. Aecekntlon; Remedies. Lender shall give notice to &wrower prior to acceleration following Borrower's breach of
<br />any covenaol or sWeement In this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless
<br />appYeahk lair provides otherwise). The notice shall specify: (a) the default; (bt the action required to cure the default; (c) a
<br />thNe, nol Jose dam 30 days from the date the notice is given to Borrower, by which the default must be cured; mad (d) that
<br />tailless N eve the defamk on or before the date specified In the notice may retail in acceleration of the sums secured by this
<br />Smoo ty bm&um(mi and tale of the Property. The notice shall farther Worm Borrower of the right to reinstate offer
<br />acceiaodw tad the r%M to bring a roars suction to assert the non-existence of a default or any other defense of Borrower to
<br />aaeds .. and sale. If the default In not card on or before the date specified in The notice, Lender at its option may
<br />rebuilt rmowdhWe payment in Full of erg sans neared by this Smartly Instrument without further demand and may invoke
<br />The power of ale and tiny other remedla permitted by applicable law. Leader shall be entitled To collect all expenses Incurred
<br />in pstrwting the remedies provided in ebb parve rsp i 19, Including, but not limited to, reasonable attorney's feet and costs of
<br />tide evidence.
<br />If the power of sak is invoked, Trustee shall record a notice of default in each county In which any part of the
<br />Property in bated and AM mall 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 sale
<br />to the person mind In the manna prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property
<br />at public morales to the highest bidder of the time sad place and under the terms designated in the notice of sak in one or
<br />more psreeb and is any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public
<br />maeoncemest at the time and place of any previously scheduled sale. Lender or its dtsignee may purchase the Property at
<br />any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property.
<br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Tre'stee shall
<br />apply the proceeds of the sale in The following order: (a) to all expenses of the sak, Including, but not limited to, Trustee's
<br />tests m peradttei by applicable law and reasonable attorney's fees; (b) to all sums secured by this Security Instrument; and (c)
<br />my excess to the person or persons legally entitled to it.
<br />20. Leader in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person,
<br />by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and
<br />to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied
<br />first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's
<br />fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Security Instrument.
<br />21. Reeonveyance. 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 to
<br />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 We be sent to Borrower's address
<br />which is the Property Address.
<br />24. Riders to this Security Instrument. If one or more riders eke executed by Borrower and recorded together with this
<br />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 ; nstrument.
<br />[Check applicable box(es))
<br />❑ Adjustable Rate Rider Condominium Rider 24 Family 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 Instrument and
<br />in any rider(s) executed by Borrower and recorded with it. x/
<br />(Seal)
<br />Robert F. Herbek -&
<br />(Seal)
<br />Janice L. Herbek - -8--
<br />(Sr— Behr rnl, Una F., k,k— ied1 —.1J
<br />STATE OF Nebraska I
<br />COUNTY OF Eta 11 SS
<br />h the undersigned , a Notary Public in and for said county and state, do hereby certify that
<br />_- Robert F. Herbek and Janice L. Herbek _ , personally appeared
<br />before me and is (are) known or proved to me to be the person(s) who, being informed of the contents of the foregoing
<br />instrument, have executed same, and acknowledged said instrument to be their free and voluntary act and
<br />Ihi,. nor, Iheirl
<br />dad and that they _ executed said instrument for the purpose, and uses therein set forth.
<br />(he, err, they)
<br />LWitness my hand and official seal this 27th day of June ___— , 19
<br />My Commission Ex Kees
<br />;Ii.PAI 1101ARY -Stet a Beni
<br />i DENISE KAT IOMNtY
<br />±. kl I Gantt 1� AsF a qR — tical/
<br />rs Notary Public
<br />This instrument was prepared
<br />a
<br />1
<br />t`
<br />
|