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85- 004087 <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 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' 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 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 />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 thq 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 o f t he 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. 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 etidencing 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 remote 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 ...f the nr -ace. of default and sale be sent to Borrower's <br />address which is the Property Address. *CONTT%UED BELOW <br />24. Riders to this Security Instrument. If one or more ndcrs .ire rxccutcd h% BoTrosuer and recorded together with <br />this Security Instrument, the cotenants and agreements of each such rider shal! h. cncor;.oratcd utto and shall amend and <br />supplement the cotenants and agreements of this Sccurn} Instrument :is if the rider(s) were a part of this Security <br />Instrument. [Check applicable box(es)J <br />Adjustable Kate Rider - Condominium Rider 3 Famrl_c Rider <br />Graduated Payment Rider 1'Jannrd Unit Detrlopment Rider <br />Otherls) [specify] <br />By SIGNI%6 BFI-k. Borrower accepts and agrees to the terms and cotenants contained in this Securn% <br />Instrument and in any rtder(s) executed by Borrower and recorded with it. <br />3TUCT?T '.� __ (Seal) <br />r,Nrr <br />PIs <br />Sire a i4: Nrree er <br />(teal) <br />- 3rrroMer <br />— Ispace aetow This Line For Acknowt"gment) <br />*Borrower further requests that copies of the notice of default and notice of sale he <br />sent to each person who is a party hereto at the address of such person set forth <br />herein. <br />STATE OF NY.RRASKA_ ..... __...... _.. ... }.A11 . ....... ..... ......._ ..... County ss; <br />On this .. ....... 2Rr3_.,_...,,, day of ._.1 ?gust........... 19...8.5, before rim, the undor igned, a Notary Public <br />duly commissioned and qualified for said county, personally came <br />.......... ............................... <br />............. <br />ruco L. Scheeler and Sheila .1. Wheeler husband husband ,gad wiicr to the known to be the <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execu- <br />tion therbraf to bt their voluntary act and deed. <br />ON <br />J t <br />Witness my hand and natrutal seal at <t d1 ISL�+t>Li, :iGlazask�t in s;tid touniy, the <br />date aforesaid. r. <br />MY ('otnnii ion x €i' ==VVn!7 <br />M' air• fill 16111"1 knipin`:nunt iII pollmil!". ,11121;n:s::., <br />