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201602086
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Last modified
5/17/2016 12:56:31 PM
Creation date
4/7/2016 4:06:24 PM
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DEEDS
Inst Number
201602086
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201602086 <br /> 7. Inspection. Beneficiary may make an inspection of the Property by giving Trustor prior <br /> written notice. The notice shall specify a reasonable cause that shall be related to Beneficiary's interest in the <br /> Property. <br /> 8. Condemnation. If there is a condemnation or other taking of the Property or any part of the <br /> Property,the proceeds of any award or claim for damages are hereby assigned to Beneficiary and shall be paid to <br /> Beneficiary. <br /> If there is a total or partial taking of the Property,the proceeds shall be applied to the sums secured by <br /> this Deed,with any excess to be paid to Trustor. Unless agreed to by Trustor and Beneficiary,any proceeds <br /> applied to amounts secured by this Deed shall not extend,postpone,or change the amount of the monthly <br /> payments under Paragraph 1. <br /> 9. Waiver and Release. If Beneficiary,for the benefit of Trustor or Trustor's successor in <br /> interest,extends the time for the payments or modifies the payment schedule of the sums secured by this Deed, <br /> such extension or modification shall not operate to release Trustor or its successor in interest from the liability <br /> under this Deed. <br /> If Beneficiary does not or fails to exercise any right or remedy allowed under this Deed or allowed by <br /> the laws of the state of Nebraska,such failure shall not be a waiver of or prevent Beneficiary from exercising any <br /> such right or remedy. If Beneficiary procures insurance or takes other action to protect its security under this <br /> Deed,such action shall not be a waiver of or prevent Beneficiary from exercising its right to accelerate the <br /> maturity of the debt secure this Deed. <br /> All remedies provided for in this Deed are separate,distinct,and cumulative to any other right or <br /> remedy under this Deed or under the laws of equity. Such remedies may be exercised at the same time, <br /> separately,or successively. <br /> 10. Successors and Assigns. The covenants and agreements contained in this Deed shall apply to <br /> � �' aPP Y <br /> and bind Beneficiary,the Trustor,and their respective successors and assigns. The rights contained in this Deed <br /> shall inure to the benefit of Beneficiary,Trustor,and their respective successors and assigns, <br /> 11. Notice. Except for any notice required under applicable law to be given in another manner, <br /> any notice to the Trustor or Beneficiary shall be given by mailing such notice by certified mail to the Trustor or <br /> Beneficiary at the address listed in the first paragraph of this document. Beneficiary or Trustor may designate <br /> another address by providing notice according to this paragraph. <br /> 12. Severability and Governing Law. This Deed shall be governed by and construed under the <br /> laws of the state of Nebraska. In the event that any provision or clause of this Deed or the Promissory Note <br /> conflicts with applicable law,such conflict shall not affect any other provision of this Deed or the Promissory <br /> Note which can be given effect without the conflicting provision. The provisions of this Deed and the <br /> Promissory Note are severable. The captions and headings of the paragraphs of this Deed are for convenience <br /> only and are not to be used to interpret or define the provisions of this Deed. <br /> 13. Transfer of the Property and Assumption. If all or any part of the Property or an interest in <br /> the Property is sold or transferred by Trustor without Beneficiary's prior written consent,Beneficiary,at its <br /> option,may declare all sums secured by this Deed to be immediately due and payable. The creation of a lien or <br /> encumbrance subordinate to this Deed,the creation of a purchase money security interest for household <br /> appliances,the transfer by devise,descent,or by operation of law upon the death of a joint tenant,or the grant of <br /> any leasehold interest of three(3)years or less with no option to purchase,shall not be deemed a sale or transfer <br /> of the Property for purposes of this paragraph. <br /> In the event Beneficiary exercises its option to accelerate,Beneficiary shall provide written notice to <br /> the Trustor according to the provisions of Paragraph 11. The notice shall provide a period of not less than thirty <br /> (30)days from the date other notice was mailed within which the Trustor may pay the sums declared due. If <br /> 3 <br />
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