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86106324
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Last modified
10/18/2011 8:21:55 PM
Creation date
3/31/2008 3:26:00 PM
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DEEDS
Inst Number
86106324
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96- -106324 <br />NON - UNIFORM COVFNArrts. 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 />'etagy covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unlna ippllcable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not lea than 30 days from the date the notice is given to Borrower, by which the default must be cured; <br />mad (d) that failure to cure the default on or before the date specified in the notice may result is acceleration of the sums <br />secured by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non- existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender <br />at its option may require immediate payment in full of all sums secured by this security Instrument without further <br />demand sad may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses incurred in pursuing the remedies prodded in this paragraph 19, including, but not limited to, <br />reasonable attorneys' fees and coats 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 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, without demand on Borrower, shell 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 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 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 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, receivers fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by <br />this Security Instrument. <br />21. Reconveyance. 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 <br />address which is the Property Address. <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 part of this Security <br />Instrument. [Check applicable box(es)] <br />F71 Adjustable Rate Rider Condominium Rider 2-4 Family Rider <br />7 Graduated Payment Rider "- i 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 <br />Instrument and in any rider(s) executed by Borrower and recorded it <br />.... _.... .ra.... - ..............(Seal) <br />........ ...... _...........(Seal) <br />Donna F.... loth ... ............................... �o,.o.,a <br />!Space aebw This Line For Acknow$ed. w. I <br />STATE OF NEBRASKA, .........�1 .................... County ss: <br />On this .31st day of .. October ........ , 19.R . , before rue, the <br />undersigned, a Notary ublic duly commissioned and qualified for said county, <br />personally came ... �ames_ D; Ibth and Donna F. imth�. Husband, and. Wife ...... , ... <br />to me known to be the <br />identical person(s) whose name(s) are subscribed to the foregoing instrument <br />and acknowledged the execution thereof tc be .. i!14...... voluntary act and <br />deed. Grand Witness my hand and notarial seal at ......I .... _.. in <br />AI <br />said cot.u: *y, 'he da ±e at•.nesai.d. � � ,: _ <br />Nty <br />XOK NW40 d <br />1Att W 119MI.81 <br />My Cann Ew 11mri 141 <br />
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