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86— in691.9
<br />NUN - UNIFORM COVENANTS. Borrower and Lender further covenant and demo as follows
<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 (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 dare, 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
<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. I f the default is not cured on or before the date specified' n the notice,
<br />Leader 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 />limited to, 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 trail copies of such notice in the manner prescribed by applicable lacer to Borrower and to the
<br />otherpersons 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, 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
<br />in one or more parcels and in any order Trustee determines. Trustee may postpone sale of ali 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 fc) any excess to the person or persons legally entitled to it.
<br />20. Lender in Possession. Upon acceleration under paragraph I9 or abandonment of the Property. Lender in
<br />person, by agent or by judicially appointed receiver) shall he entitled to enter upon. take possession of and manage the
<br />Property and to collect the rentsof the Property including those pastdue Any rentscuilruedby3 .endrriirthr:eunrr. hail
<br />be applied first to payment of thr cults of managemem of the PniperrN and collection of rents, including, but not limited to,
<br />receiver's fees, premiums on receiver s boards and reasonable attorneys fees. and then to the sums secured by this Searle
<br />Instrument
<br />21. Reeonveyanee. Upon payment of all sums secured bt' this Security Instrument, lender shall request Truster to
<br />reconvey the Property and shall surrender this Security Instrument and all note, evtdrnong debt secured by this Secunrt
<br />Instrument to Trustee. Trustee shall reconvey the Property without warrant} and w irhout charge to the person or persons
<br />legally entitled ro it. Such person or persons shall pay any recordation costs.
<br />22. Substitute Trustee. Lender, at its option, may tram nine to time remo%e Truster and appoint a successor trustee
<br />to any Trustee appointed hereunder by an instrument recorded in the ii ruin in a hith this Securn Instrument is reu,rdcd
<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 burrower s
<br />address which is the Property Address. Borrower further requests trial copies of the not rcrs tit default .ind sale be situ tci each
<br />person who is a parry 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 togei her ,, it!)
<br />this Security Instrument, the covenants and agreements of each such rider shall be inuirpirated into and shall amend anal
<br />supplement the covenants and agreements of this Selnrtl Instrument as it the riders were a part of this Seturti
<br />Instrument. (Check applicable box(es) !
<br />❑ Adjustable Rate Rider ❑ ( ondwinn:um Rider ❑ t Family Rider
<br />❑ Graduated Payment Rider ❑ Planned Una Derelopinent Rider
<br />0 Other(s) 1 specify I
<br />BY SIGNING BELOW, Burrower accepts and agrees to the terns and a »crams c,mtamed in this StLUr:rl
<br />Instrument and in any rider(s) executed by Borrower and recorded w ilia. t
<br />...... -.: A, .. ............. ��i .�i Z,- fir...... sea 1,
<br />Beth L.Gardner Bor —e,
<br />x etry ../2.
<br />..... .. ....... ... ... SeA
<br />Thomas R. Gardner Borrower
<br />[Space Below This Line for Acknowleft —il
<br />STATE OF NEBRASKA, ........ Ha 11 ............. . • . • ... • .. • ... ( „unit, ss
<br />On this ... 23Td .......... day of ..... Octobe... r )y .86, .. Moir me, the undersigned, . Notary Public
<br />duly commissioned and qualified for said county, personally came .4-Ph L,. Gardfler, and _Thomas. R� ,Gardner,
<br />..V;Ue. and .8usb and ........................... ............................... . n, me known to Ix- the
<br />identical person(s) whose namet%i aresubscribed n) the foregoing instrument and ackil".ledred thee;,erunon there: f fob,
<br />................ their............ roluntar% act and deed
<br />Witness my hand and notarial seal at ....Grand. Island,.. Nebraska ........ .n said c. uim. the d.itr
<br />aforesaid.
<br />My Commission expires. March 10, 1990
<br />oft O£40afW
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