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86106112
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Last modified
10/18/2011 7:57:19 PM
Creation date
3/31/2008 3:22:18 PM
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DEEDS
Inst Number
86106112
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86-- 106112 <br />NON - UNIFORM COVENANis. 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 />MencY of nay coven ant or mgrs I 'in this Security Intrmse t (but not prior to acceleration under paragrapks 13 and 17 <br />umku applicable low provides otherwise). TLe- notice stall speeffy. (a) the default; (b) the action required to cure the <br />dsfatttk; (e) a &* not less tits 30 days from the date the notice is given to Borrower, by which the default must be cured; <br />and (d) the fafians to em the defauk on, or before the date specified in the notice may result in acceleration of the sums <br />secured >by Mis Security Imstra meat and sale of the Property. The notice sball [artier inform Borrower of the right to <br />relYgNe after acaceleration and the rim to bring a court action to assert the non- existence of a default or any other <br />datum of Borrower to aaele stint and sale. If the deft is not tared on or before the date specified in the notice, Lender <br />at its 00110b stay require immediate payment in fall of all saw secured by this Security Instrument without further <br />demand and nay invoke the power of male and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenes incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, <br />romerAhk attorneys' fees and casts et t#k evidence, <br />U the power of see is invoked, Trustee shall record a notice of default in each county in which any part of the <br />Property is located ad stall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the <br />otber 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 =saner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public auction to the highest bidder at the ti=e ad 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 annosnceneent at the time sad place of any previously scheduled sale. Lender or its designee may purcbase the <br />Property at any sal. <br />Upon receipt of payment of the price bid, Trustee sball 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 sal, 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. Reco nveyance. 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 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 address <br />which is the Property Address. Borrower further requests that copies of the notice of default and notice of 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 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 rider(s) were a pan of this Security <br />Instrument. [Check applicable box(es)] <br />❑ Adjustable Rate Rider ❑ Condominium Rider 2-4 Family Rider <br />Graduated Payment Rider ❑ Planned Unit Development Rider <br />El 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' <br />... .�!ti...l ....... .........................(Seal) <br />Kenneth W. Ross — Borrower <br />Wiz- ....fit.. -...� <br />......................... Seal) <br />Patricia A. Ross — Borrower <br />.STATE of NEBRASKA ................ ... ALL- ----------- ------ -- County so: <br />On this ... 22nd day of October , 19 ..86., before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came . --------- K mgl;h.Akl ....R4ab_ and ................ <br />__Patricia_A.••Ross, husband and wife, ............ - -, to me known to he the <br />identical petson(sj whose names) are subttcribed to the foregoing instrument and acknowledged the execu- <br />tion thereof to be ......... ............................. ........... their <br />....................... ............ voluntary act and deed. <br />Witness my hand and notarial seal at ................. G. and.. Island.. .... ----- -- --.- --............... in said county, the <br />date aforesaid <br />My Commission expires: <br />L S. sAL�... ....... i.. -�..r: � % — :. r� .:.. tom..... otary :Dubuc �.: �. r -: f»:G, . <br />We _ trap oyment Opportunity /Affuznative Action Employer M /F. <br />ISINKe Below Tta t.ne for Acknowledemernl ------- - -- -_. _— —__ __ _ <br />_I <br />
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