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200101126
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Last modified
10/14/2011 12:19:54 AM
Creation date
10/20/2005 7:57:04 PM
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DEEDS
Inst Number
200101126
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Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will <br />forever defend the title to the Property against the lawful claims of all persons. In the event <br />any action or proceeding is commenced that questions Grantor's title or the interest of <br />Beneficiary under this Deed of Trust, Grantor will defend the action at Grantor's expense. <br />Grantor may be the nominal party in such proceeding, but Beneficiary shall be entitled to <br />participate in the proceeding and to be represented in the proceeding by counsel of <br />Beneficiary's own choice, and Grantor will deliver, or cause to be delivered, to Beneficiary <br />such instruments as Beneficiary may request from time to time to permit such participation. <br />Compliance with Laws. Grantor warrants that the Property and Grantor's use of the <br />Property complies with all existing applicable laws, ordinances, and regulations of <br />governmental authorities. <br />No Conflict. The execution, delivery, and performance of this Deed of Trust by Grantor do <br />not conflict with, result in a violation of, or continue a default under (i) any provision of any <br />agreement or other instruction binding upon Grantor, or (ii) any law, governmental <br />regulation, court decree, or order applicable to Grantor. <br />CONDEMNATION. The following provisions relating to condemnation of the Property are a part <br />of this Deed of Trust: <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent <br />domain proceedings or by any proceeding or purchase in lieu of condemnation, Beneficiary <br />may, at its election, require that all or any portion of the net proceeds of the award be applied <br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the <br />award shall mean the award after payment of all reasonable costs, expenses, and attorneys' <br />fees necessarily paid or incurred by Grantor or Beneficiary in connection with the <br />condemnation. <br />Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify <br />Beneficiary in writing, and Grantor shall promptly take such steps as may be necessary to <br />defend the action and obtain the award. Grantor may be the nominal party in such <br />proceeding, but Beneficiary shall be entitled to participate in the proceeding and to be <br />represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause <br />to be delivered to Beneficiary such instruments as may be requested by it from time to time <br />to permit such participation. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. <br />The following provisions relating to governmental taxes, fees and charges are a part of this Deed of <br />Trust: <br />Tracking No. 200012011 -NEB <br />9 <br />
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