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200109058
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200109058
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Last modified
10/14/2011 9:29:37 AM
Creation date
10/20/2005 10:07:36 PM
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DEEDS
Inst Number
200109058
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Revised 12114199 <br />200109058 <br />Should default occur in the payment of any portion of the indebtedness secured hereby, <br />or taxes, or insurance premiums herein mentioned, or in the performance of any obligation or <br />condition recited herein or in the Note, then and in that event Beneficiary shall be at liberty <br />immediately to apply for and shall be entitled as a matter of right, without regard to the value <br />of the property above described, or to the solvency or insolvency of Grantor, to the <br />appointment of a receiver to collect the rents and profits of the Property with the power to sell <br />said Property pursuant to foreclosure and apply the net proceeds of the sale toward the <br />payment of the debt secured by this deed of trust. <br />In consideration of the loan made to Grantor by Beneficiary, and to further secure the <br />indebtedness of Grantor to Beneficiary hereunder, Grantor hereby sells, assigns and transfers <br />to Beneficiary all of the rent which shall hereafter become due or be paid on the above <br />described property; but Beneficiary agrees that this rent assignment will not be enforced so <br />long as no default on the part of Grantor exists under the terms and conditions of this deed of <br />trust, and while no such default exists, Beneficiary waives its rights to and its interest in said <br />rents, but upon any default in the performance of any agreement or covenant to be performed <br />by Grantor under the terms of this deed of trust, Grantor agrees that Beneficiary may enter <br />upon said property and collect the rents therefrom, and hereby constitutes Beneficiary as <br />Grantor's agent to declare the existence of a default hereunder, and Grantor hereby agrees that <br />any tenant in said property or any renting agent in charge thereof shall be, and is hereby, <br />authorized when a default shall be so declared to exist, to pay any such rents to Beneficiary, to <br />be applied toward the payment of the debt secured hereby or as provided by law. <br />The title, interest, rights and powers granted herein by Grantor to Beneficiary, <br />particularly the power of sale granted herein, shall inure to the benefit of anyone to whom <br />Beneficiary shall assign the indebtedness herein secured, as well as to the successors and legal <br />representatives of Beneficiary. <br />NOW THEREFORE, if the said Note and any interest thereon be paid when due, and <br />the agreements by Grantor herein contained be faithfully kept and performed, then these <br />presents shall be void and the Property hereinbefore conveyed shall be released from the lien <br />hereof and reconveyed to Grantor at the cost of Grantor; but if default be made in the payment <br />of said Note or any part thereof or any interest thereon when due and payable according to the <br />tenor of said Note or this instrument, or in the faithful performance of any agreements herein <br />contained within the time periods set forth herein, then, subject to the terms herein, the whole <br />of said Note shall, at the option of the holder(s) thereof, become due and payable at once <br />without notice and be paid as hereinafter provided and (whether or not any unmatured <br />indebtedness be so declared due and payable) this deed of trust shall remain in force and the <br />Trustee, or his successor appointed as hereinafter provided, may proceed to sell the Property <br />and any and every part thereof at public venue, to the highest bidder for cash, after first giving <br />at least twenty (20) days public notice of the time, terms and place of sale, and the property to <br />be sold, by advertisement in a newspaper printed of general circulation and published in Hall <br />County, Nebraska; and upon such sale shall execute and deliver deed(s) conveying the <br />property so sold to the purchaser(s) thereof, and any statement or recital of fact in any such <br />deed(s) shall be prima facie evidence of the truth of such statement or recital, and said Trustee, <br />MAMSI Grand Island LT egal LfuniorDeedOfTrust.doc <br />4 <br />
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