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201302631
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Last modified
4/2/2013 9:16:17 AM
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4/2/2013 9:16:16 AM
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DEEDS
Inst Number
201302631
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201302631 <br />This Deed of Trust, the Note, and any other instrument given to evidence or further <br />secure the payment and performance of any obligation secured hereby are referred to collectively <br />as the "Loan Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, <br />and the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as <br />provided in the Loan Instruments. <br />2. REAL ESTATE TAXES. Trustor shall pay the annual real estate taxes to the <br />Hall County Treasurer before the taxes become delinquent and shall furnish tax receipts to <br />Beneficiary on or before May 1st and September 1st each year. <br />3. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest <br />any action or proceeding purporting to affect the security hereof or the rights or powers of <br />Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title <br />and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may <br />appear. Should Trustor fail to make any payment or to do any act as and in the manner provided <br />in any of the Loan Instruments, Beneficiary and or Trustee, each in its own discretion, without <br />obligation, may make or do the same in such manner and to such extent as either may deem <br />necessary to protect the security hereof. Trustor shall, immediately upon demand therefore by <br />Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise <br />by Beneficiary of the foregoing rights, including, without limitation, costs of evidence of title, <br />court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within <br />ten (10) days of written demand shall draw interest at the default rate provided in the Note. <br />4. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest <br />therein, be taken or damaged by reason of any public improvement or condemnation proceeding, <br />or in any other manner including deed in lieu of Condemnation ( "Condemnation "), or should <br />Trustor receive any notice or other information regarding such proceeding, Trustor shall give <br />prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation <br />and condemnation awards and other payments or relief therefore, and shall be entitled to make <br />any compromise or settlement in connection with such taking or damage. All such compensation <br />and condemnation, awards, damages, rights of action and proceeds awarded to Trustor (the <br />"Proceeds ") are hereby assigned to Beneficiary; and Trustor agrees to execute such further <br />assignments of the Proceeds as Beneficiary or Trustee may require. <br />5. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to <br />time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and <br />recorded in the County in which the Trust Estate is located and by otherwise complying with the <br />provisions of the applicable law of the State of Nebraska substitute a successor or successors to <br />the Trustee named herein or acting hereunder. <br />6. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the <br />benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, <br />successors and assigns. The term `Beneficiary" shall mean the owner and holder of the Note, <br />whether or not named as Beneficiary herein. <br />
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