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200103013
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Last modified
10/14/2011 2:31:09 AM
Creation date
10/20/2005 8:22:08 PM
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DEEDS
Inst Number
200103013
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200103013 <br />equipment that may at any time be on said premises, during the continuance of said <br />indebtedness, insured against loss by fire, lightning and windstorm in such company or <br />companies and for such amounts as the holder of said Deed of Trust Note may from time to time <br />direct, not to exceed the amount of said indebtedness, except at the option of Trustor, with loss, <br />if any, payable to the Beneficiary hereunder as its interest may appear, and will deliver the <br />policy or policies of insurance, accompanied by premium receipts to the Beneficiary hereunder, <br />as further security for the indebtedness aforesaid. And in case of the refusal or neglect of <br />Trustor to thus insure and deliver such policies of insurance or to pay such taxes or assessments, <br />then the holder of said Deed of Trust Note may procure such insurance, or pay such taxes or <br />assessments, and all moneys thus paid, with interest thereon at 16 percent per annum, shall <br />become so much additional indebtedness, secured by this Deed of Trust, and shall be paid out of <br />the proceeds of the sale of the lands and premises aforesaid, if not otherwise paid by said <br />Trustor. <br />Each party to this Trust Deed requests that a copy of any notice of default and a copy of any <br />notice of sale hereunder be mailed to each such party at the address set forth herein, as provided <br />by the Nebraska Trust Deeds Act. <br />And in the event of the foreclosure of this Deed of Trust, Trustor covenants and agrees to pay <br />the cost of extending the abstract of title or obtaining a certificate of title from the date of <br />recording this Deed of Trust to the date of filing suit, and upon failure of said party to do so, all <br />money so advanced by Trustee shall bear interest at the rate of 16 percent per annum and shall <br />be secured by this indenture. In addition, Trustor agrees to pay a reasonable attorney's fee for <br />the prosecution of a foreclosure action, which shall be added to the principal balance at the time <br />a foreclosure decree is entered or shall be paid by the Trustor if Trustee agrees that the default <br />may be cured after the institution of a foreclosure suit. <br />And in the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled <br />to apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, <br />including all Trustee's fees, and Lender's and Trustee's attorney's fees actually incurred to the <br />extent permitted by applicable law. In the event Borrower or Trustor exercises any right <br />provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all <br />costs and expenses actually incurred as a result of Trustor's default, including, without <br />limitation, all Trustee's and attorney's fees, to the extent permitted by applicable law. Such costs <br />shall be added to the principal sum due hereunder and draw interest at the default rate of 16 <br />percent per annum. <br />The Trustee shall have the right to release with or without consideration or credit on the <br />indebtedness hereby secured, any part of the property herein described by adequate legal <br />instrument without regard to the existence of any junior encumbrance and without the consent of <br />such junior encumbrancer, and such release shall have no further effect upon the rank, lien or <br />estate conveyed hereby or against the Trustee than is therein expressed. <br />Beneficiary may at any time and from time to time appoint a successor Trustee by filing for <br />record in each county where the trust property or part thereof is located a notice of Substitution <br />-5- <br />
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