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201703416
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Last modified
7/3/2017 5:40:33 PM
Creation date
5/23/2017 4:29:10 PM
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DEEDS
Inst Number
201703416
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201703416 <br />12. Condemnation: The proceeds of any condemnation award are hereby assigned and shall <br />be paid to lender, and shall be applied to the sums secured by this DOT whether or not then due, <br />with any excess paid to Borrower. <br />13. Notices: Notices, when any may be required in this DOT, shall be: To each of the <br />Trustor or Trustee or Beneficiary, at the addresses which are set forth on the first page. That is, <br />unless a different address has been provided, however any other address shall be not effective <br />unless the same appears of record as an amendment to this DOT. <br />14. Nebraska Law Governs: This DOT and the Note which it secures shall be governed by <br />Nebraska Law. <br />15. Assignment of Rents: As additional security, Trustor hereby assigns to Beneficiary the <br />rents of the Property, provided that Trustor shall, prior to acceleration hereunder or abandonment <br />of the Property, have the right to collect and retain such rents as they become due and payable. <br />On acceleration as provided hereunder or Trustor's abandonment of the Property, Beneficiary, in <br />person or by agent or by a judicially appointed receiver, shall be entitled to enter upon, take <br />possession of and manage the Property and collect the rents and products of the Property. All <br />rents and products collected by Beneficiary or the receiver shall be applied first to payment of <br />costs of managing the Property and collection of rents and products, including, but not limited to, <br />receiver's fees, premiums on receiver's and applicant's bonds, and, if allowed by law, reasonable <br />attorney's fees, and then to sums secured by this DOT. <br />16. Trustee's Duties: Trustor acknowledges that: <br />(a) The duties and obligations of Trustee shall be determined solely by the express <br />provisions of this DOT, and the Trustee shall not be liable except for the <br />performance of such duties and obligations as are specifically set forth herein, and <br />no implied covenants or obligations shall be imposed upon Trustee; <br />(b) No provision of this DOT shall require Trustee to expend or risk Trustee's own <br />funds or otherwise incur any financial obligation in the performance of any of <br />Trustee's duties herein, or in the exercise of any of Trustee's rights or powers if <br />Trustee shall have grounds for believing that assurance of the repayment of such <br />funds is uncertain; <br />(c) Trustee may consult with counsel of Trustee's own choosing and the advice of <br />such counsel shall be full and complete authorization and protection in respect to <br />any action taken or suffered by Trustee hereunder in good faith and in reliance <br />upon such advice; <br />(d) Trustee shall not be liable for any action taken by Trustee in good faith and <br />reasonably believed by Trustee to be authorized or within the discretion or rights <br />or powers conferred upon Trustee by this DOT. <br />4 <br />
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