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200109059
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Last modified
10/14/2011 9:29:41 AM
Creation date
10/20/2005 10:07:38 PM
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DEEDS
Inst Number
200109059
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200109059 <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 to <br />Beneficiary all of the rent which shall hereafter become due or be paid on the above described <br />property; but Beneficiary agrees that this rent assignment will not be enforced so long as no <br />default on the part of Grantor exists under the terms and conditions of this deed of trust, and <br />while no such default exists, Beneficiary waives its rights to and its interest in said rents, but <br />upon any default in the performance of any agreement or covenant to be performed by Grantor <br />under the terms of this deed of trust, Grantor agrees that Beneficiary may enter upon said <br />property and collect the rents therefrom, and hereby constitutes Beneficiary as Grantor's agent to <br />declare the existence of a default hereunder, and Grantor hereby agrees that any tenant in said <br />property or any renting agent in charge thereof shall be, and is hereby, authorized when a default <br />shall be so declared to exist, to pay any such rents to Beneficiary, to be applied toward the <br />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 the <br />agreements by Grantor herein contained be faithfully kept and performed, then these presents <br />shall be void and the Property hereinbefore conveyed shall be released from the lien hereof and <br />reconveyed to Grantor at the cost of Grantor; but if default be made in the payment of said Note <br />or any part thereof or any interest thereon when due and payable according to the tenor of said <br />Note or this instrument, or in the faithful performance of any agreements herein contained within <br />the time periods set forth herein, then, subject to the terms herein, the whole of said Note shall, at <br />the option of the holder(s) thereof, become due and payable at once without notice and be paid as <br />hereinafter provided and (whether or not any unmatured indebtedness be so declared due and <br />payable) this deed of trust shall remain in force and the Trustee, or his successor appointed as <br />hereinafter provided, may proceed to sell the Property and any and every part thereof at public <br />venue, to the highest bidder for cash, after first giving at least twenty (20) days public notice of <br />the time, terms and place of sale, and the property to be sold, by advertisement in a newspaper <br />printed of general circulation and published in Hall County, Nebraska; and upon such sale shall <br />execute and deliver deed(s) conveying the property so sold to the purchaser(s) thereof, and any <br />statement or recital of fact in any such deed(s) shall be prima facie evidence of the truth of such <br />statement or recital, and said Trustee, or his successors in said trust, shall receive the proceeds of <br />said sale, out of which he shall pay in the following order: costs and expenses of executing the <br />trust created and evidenced hereby; all monies with interest thereon as herein provided, which <br />may have been expended under the terms of this deed of trust by any owner or legal holder of the <br />Note; any past due and accrued, unpaid interest on said Note; the unpaid principal of said Note; <br />and the remainder of such proceeds of sale, if any, to Grantor or to those lawfully entitled to <br />receive any such remainder. <br />The covenant of the Borrower to pay principal and interest is included in the Note <br />secured hereby for the purpose of establishing and continuing the existence of the indebtedness. <br />A: IDeedOflrust2.doc <br />4 <br />
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