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85-005990
<br />NoN- UNtroRxt COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />19. Acceleration; Remedies. Lender shalt 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 care 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 aR 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 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, 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 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 he 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 .,der shall be incorporated man and .hall 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 boxl.es)]
<br />Adjustable Rate Rider Condominium Rider ' -4 Family Rider
<br />Graduated Payment Rider Planned Unit Development Rider
<br />Other(s) [specify]
<br />BY SIGNING BELOW. Borrower accepts and agree to the terms and covenants cipritained m this Security
<br />Instrument and in any rider(s) executed by Borrower and recorded 'A' it it i
<br />.... Lr /� .
<br />Gee orynker 3o•,nw,•,
<br />4t°.... ..�� .._ (Seal)
<br />San ra K. Bennker _Bo„o„«,
<br />(space allow This Line For Acknowledgment) - ----- __-- ---
<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 or NLnRmxA .......... .............. .. 11a.LL ............. ... . .... ... .... _..... ....... County ss:
<br />On this .............44......... day of ..December......., 19_.85., before rne, the undersigned, a Notary Public
<br />duly d Toned and qualified for staid county, Irer�ottaily cgtne ........ ...... _....................... ..........................
<br />Gregor*yF. enker an Sandra K. Benker, hus and an wife,
<br />.� _..... , to file known to be the
<br />identical Ivraon(s) whose nann (s) are subscribed to the foregoing instrument and acknowledged the exccu-
<br />tion fberoof to be .... their voluntary act and decd.
<br />Wit.neois my hand and nouirial seal at . ...Gcami ls.l.ind., Jlchra:tka. in ruid county, the
<br />date aforesaid.
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