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r <br />85- 0*3POtZ94 <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 Insttvatent (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; (e) a date, sot 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 />seared by this Security Insttvateat 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 or 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 pioceeds of the sale in the following order. (a) to all expenses of the sale, including, but not limited <br />to, Trustee's tea 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 receivers 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, Linder 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 />Adjustable Rate Rider Condominium Rider ❑ 2-4 Family Rider <br />Graduated Payment Rider ❑Planned Unit Development Rider <br />Others) (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 with it. <br />?....'::..........(r. ...:...... t �. <......: —.. (Seal) <br />Robert B. Kieborz <br />.:.......:f .. :... ., 5 ............ 1 .. ............ ....(Seal) <br />Rochelle I. Kieborz <br />ISpacr, aglow This Lmn For AdcnowlMgrnaMl <br />STATE OF NEBRASKA . ............. !-lei?................ County ss: <br />on this .. 26th .... day of .. PAPMVr ......... 1985.. , before me, the <br />undersigned, a Notary Public duly corrimssioned and qualified for said country, <br />personal ly came Robert. Pe. jC }ebprx. i po. F"hallg. I:. lU.abvrz,. Husband. arui <br />wife to me known to be the <br />identical person(s) whose narnr.(s) are subscribed to the foregoing instrurrnrnt <br />and acknowltxdged the, execution thereot to tx? . Their....... voluntary act and <br />d(.cw3. <br />Witness nrZ hand and notarial seal at .Grand. Is >Iaacl .................. to <br />sa.d C.o!lrlt f, tt, riate -If )reSaid. <br />............... uy I' .t l . .................. <br />I g <br />_.� sesw asrAS. su,. a ar.�,.,•. <br />00i'm M. AERG£R <br />0 MA Is► Mall l 19" <br />T <br />