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85003422
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Last modified
10/17/2011 10:25:28 PM
Creation date
4/1/2008 4:39:19 PM
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DEEDS
Inst Number
85003422
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F <br />L <br />Note. UNIFORMCOVENANTS. BorrowerandLenderfurthercovenantandagreeasfollows :85` 00342 <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 17 <br />unless applicable law provides otherwise). The notice shall specify: (a) the default, (b) the action required to cure the <br />default; (c) a date, 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 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 and 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 provided in this paragraph 19, including, but not limited to, <br />reasonable attorneys' tees 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 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, 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 in <br />Oft 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 />P Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />roperty. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements trade 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 N or abandonment of the Propert% 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 b% <br />this Security Instrument. <br />21. Reeonveyance. Upon payment of all sums secured by this Secuntv 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 />12. 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. *CONTINUED BELOW <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(%) were a part of this Security <br />Instrument. [Check applicable box(es)] <br />L Adjustable Rate Rider L Condominium Rider <br />2-4 Family Rider <br />Graduated Payment Rider 7 Planned Unit Development Rider <br />L Other(s) [specify] <br />BY SIGNING BELOw'. Borrower accepts and agrees to the to and coy nts c stained in this Security <br />Instrument and in any rider(s) executed by Borrower and recorded with i <br />rry..J. I)a `.r/ . .Ll�!`... ................(Seal) <br />�� —Borrower <br />/ <br />...`.�G rC 'C. <br />�l'eIIdB Davin cal) <br />l$Pace Below TIM Lme For Ackmwlediment) <br />*Borrower further requests that copies of the notice of default and notice of sale be <br />sent to each person who is a party hereto at the address of such person set forth <br />herein. <br />STATE OF NEBRASKA .............................. Hal . <br />................ .........................County ss: <br />On this .....18th ............. day of ...... J»ly- •- _••. -_ Ifi ... 8.5_, before mc, the undersigned, a Notary Public <br />duly coamtssioned and qualified for said county, personally came <br />LsO;y.J. Dayie.,and.Gleada• F. Aavis husband and wife ....... <br />identical .. -........ i ................. ...................r........._ to me known to be the <br />Person {a) whose natne(s) are subscribed to the foregoing instxutncnt and acknowledged the execu- <br />tion thereof to be ....t it <br />voluntary act and deed. <br />.F� <br />tx <br />Witness my hand and notarial seal at ..... �?'ar,(d..1 :g;):a(xi.ri"4r?_ <br />date aforesaid. in said county, lit, <br />r,ty <br />Commissitill expiry: <br />OW FA NOTARY 8btr at Rainiest% <br />00"If 5 BALES ` °'° <br />� l p ll iu}'t5tenl. Ohportunii >'lAEtt '1Afnr Lion 1 n,ldoy,r <br />[1 <br />'mil <br />
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