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f <br />86-- 104969 <br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows. <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant oragreement 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; (h) the action required to cure the <br />default; (c) a date, not less than 30 days from the date the notice is iven 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 s default or any <br />other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, <br />Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without <br />further demand 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 />i limited to, reasonable attorneys' fees and costs of tide 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 />sale to the persons and in the manner prescribed by applicable law.. Trustee, withoutdemand 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 ofsale <br />in one or more parcels and in any order Trustee determines. Trustee may postpone saleof all or any parcel of the Property <br />by public announcement at the time and place of anypreviously scheduled sale. Lender or its designee maypurchase 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, cake possession of and manage the <br />Property and to collect the rents of the Property including those past due. Any rents collected by Lender orthe receiversha'I . <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 bands and reasonable attorneys" fees, and then ut the sums sectored by this Security <br />Instrument. <br />21. Reconveyance. Upon payment of all sums secured b_v this Security Instrument, lender shall request Truster to <br />reconvey the Property and shall surrender this Secltrtry Instrument and .all °notes evidencing debt secured by this Security <br />i Instrument to Trustee. Trustee shalt 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 to the county in which this Smuriry Instrument is recorded., <br />Without conveyance of the Property. the successur trustee shall succeed to all the title. power and duties conferred upon <br />Trustee herein and by applicable law. <br />23. Request for Notices. Burrower 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 defaultandsale 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 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 ridertsi were a part of this Security <br />Instrument. (Check applicable box (es).i <br />r C3 Adjustable Rate Rider 0 Condominium, Rider 0 7- I_Famil4 Roder <br />0 Graduated Payment Rider ❑ Planned Unit i)evelopment Rider <br />❑Other(s) jspecifyf <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security <br />t Instrument and in any riders) executed by Borrower and recorded %sit t. <br />Donald W. Fiene acrrowe. <br />.... ........_ ...... Seal) <br />E. Louise Fiene — l3arrower <br />ISP� Beiow This L-w For ReknowWo —atl - - <br />STATE OF NEBRASKA, - . , .:..... Hall ............. . ....... County ss <br />On this day of ...... Mgt7SX.... , It) .$6. _, before me, %fit undersigned, a N,ut rt Pubhr <br />duly commissioned and qualified for said county, personally came <br />Busb�nd „acrd, Wife...... ,.. ........ ........, ... ec,tnekrx3nr._,benc� <br />identical person is : wh; -scrauiets;1rc srilset.zttlrf:x , nng ,..,,,.:entanl ckn•:,.s „rc:.zv;1{ <br />a�R ...................... volumary act and deed <br />Witness my hand and notarial seal at ,Cal �lll)�. �5: $ttLj ...Nt;l?XstS�? ..... _ .... In said count%, thr lry <br />aforesaid, <br />My t:ommission expires March 10, 1910 <br />........:. � f� .h..t�.. � , . y.,.� t:I^`�”. c•r;. -rte s <br />XOM Notary Pubbc <br />