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201302389
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Last modified
3/27/2013 4:30:05 PM
Creation date
3/27/2013 3:24:59 PM
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DEEDS
Inst Number
201302389
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201302389 <br />OMB Approval No. 2502 -0598 <br />(Exp. 04/30/2014) <br />covenant or warranty, express or implied. The recitals in Trustee's deed shall be prima <br />facie evidence of the truth of the statements made therein. <br />(6) The trustee shall apply the proceeds of the trustee's sale, first, to the costs <br />and expenses of exercising the power of sale and of the sale, including the payment of <br />the trustee's fees actually incurred not to exceed the amount which may be provided for <br />in the trust deed, second, to payment of the obligation secured by the trust deed, third, <br />to the payment of junior trust deeds, mortgages, or other lien holders, and the balance, <br />if any, to the person or persons legally entitled thereto. <br />49. FUTURE ADVANCES: The following language supplements and is hereby <br />incorporated by Section 49 of the Multifamily Deed of Trust, Security Instrument, <br />Assignment of Rents, and Fixture Filing: Protection of Lender's Security: <br />(1) Pursuant to the Nebraska Trust Deeds Act transfers in trust of real property <br />may be made to secure (a) existing debts or obligations created simultaneously with the <br />execution of the trust deed, (b) future advances necessary to protect the security, (c) <br />any future advances to be made at the option of the parties, or (d) the performance of <br />an obligation of any other person named in the trust deed to a beneficiary. <br />(2) Future advances necessary to protect the security shall include, but not be <br />limited to, advances for payment of real property taxes, special assessments, prior <br />liens, hazard insurance premiums, maintenance charges imposed under a <br />condominium declaration or other covenant, and costs of repair, maintenance, or <br />improvements. <br />(3) (a) Except as provided in subdivision (b) of this subsection, all items identified <br />in subsection (1) of this section are equally secured by the trust deed from the time of <br />fling the trust deed as provided by law and have the same priority as the trust deed <br />over the rights of all other persons who acquire any rights in or liens upon the trust <br />property subsequent to the time the trust deed was filed. <br />(b)(1) The trustor or his or her successor in title may limit the amount of optional <br />future advances secured by the trust deed under subdivision (2) of this section by filing <br />a notice for record in the office of the register of deeds of each county in which the trust <br />property or some part thereof is situated. A copy of such notice shall be sent by certified <br />mail to the beneficiary at the address of the beneficiary set forth in the trust deed. The <br />amount of such secured optional future advances shall be limited to not less than the <br />amount actually advanced at the time of receipt of such notice by the beneficiary. <br />(2) If any optional future advance is made by the beneficiary to the trustor or his <br />or her successor in title after receiving written notice of the filing for record of any trust <br />deed, mortgage, lien, or claim against such trust property, then the amount of such <br />optional future advance shall be junior to such trust deed, mortgage, lien, or claim. The <br />notice under this subdivision shall be sent by certified mail to the beneficiary at the <br />address of the beneficiary set forth in the trust deed. <br />HUD- 94000M -ADD <br />Security Instrument - Addendum <br />
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