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200401100
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Last modified
10/16/2011 12:03:42 PM
Creation date
10/20/2005 11:18:44 PM
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DEEDS
Inst Number
200401100
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200401100 <br />D. Upon the occurrence of any default hereunder, Beneficiary shall have the option to <br />foreclose this Trust Deed in the manner provided by law for the foreclosure of mortgages on real estate. <br />E. Beneficiary may from time to time substitute a successor or successors to any Trustee <br />named herein or acting hereunder. Upon such appointment and without reconveyance to the successor <br />Trustee, the latter shall be vested with all title, powers and duties conferred upon any Trustee herein named <br />or acting hereunder. Each such appointment and substitution shall be made by written instrument and <br />executed by Beneficiary, containing reference to this Trust Deed and its place of record, which, when <br />recorded in the office of the Register of Deeds of the county or counties in which said property is situated, <br />shall be conclusive proof of proper appointment of the successor Trustee. The foregoing power of <br />substitution and the procedure thereof shall not be exclusive of the power and procedure provided for by <br />law for the substitution of a Trustee in the place of the Trustee named herein. <br />F. Trustor covenants and agrees that upon any conveyance, assignment or transfer of their <br />interest in the premises during the term of the Trust Deed Promissory Note secured hereby without the <br />written permission of the said Beneficiary, the Beneficiary shall have the option of declaring the unpaid <br />balance immediately due and payable, and if said sum remains unpaid for fifteen days thereafter, <br />Beneficiary can cause Notice of Default to be given and the premises be sold as provided herein. <br />G. As additional and collateral security for the Trust Deed Promissory Note and effective <br />forthwith upon filing of a Notice of Default, this instrument shall serve as an assignment by the Trustor to <br />the Trustee, of all rents and revenues resulting from the property and Trustee is authorized to take <br />possession of the property, rent or lease the same on terms he deems best and to collect the rents and <br />revenues and apply the same upon unpaid interest, principal, taxes or insurance premiums or for <br />maintenance and preservation of the premises. <br />H. Beneficiary is hereby assigned all compensation, awards, damages and other payments or <br />relief (hereinafter "Proceeds ") in connection with condemnation or other taking of the Property or part <br />thereof, or for conveyance in lieu of condemnation. Beneficiary shall be entitled at its option to <br />commence, appear in and prosecute in its own name any action or proceedings, and shall also be entitled to <br />make any compromise or settlement in connection with such taking or damage. In the event any portion of <br />the Property is so taken or damaged, Beneficiary shall have the option, in its sole and absolute discretion, <br />to apply all such Proceeds, after deducting therefrom all costs and expenses incurred by it in connection <br />with such proceeds, upon any indebtedness secured hereby and in such order as Beneficiary may determine <br />or to apply all such Proceeds, after deductions, to the restoration of the Property upon such conditions as <br />Beneficiary may determine. Any application of Proceeds to indebtedness shall not extend or postpone the <br />due date of any payments under the Note, or cure any default thereunder or hereunder. <br />I. The waiver by Trustee or Beneficiary of any default of Trustor under this Trust Deed <br />shall not be deemed to be a waiver of any other or similar defaults subsequently occurring. <br />J. The designation " Trustor" herein shall extend to and apply to the undersigned, singular <br />and plural and the covenants and agreements of the Trustor herein shall be binding upon heirs, devisees, <br />executors, administrators, successors and assigns of the parties. <br />K. This Trust Deed shall be construed according to the laws of the State of Nebraska, and <br />the Trustee and Beneficiary shall have all of the benefits and rights made available by the Nebraska Trust <br />Deeds Act as the same now exists as well as any additional rights which may be created in them under any <br />amendments thereof. <br />L. Trustor further understand that as long as there is a principal amount remaining unpaid <br />no major renovation or remodeling to the building located on the premises will be made by Trustor without <br />the written consent of the Beneficiaries. A breach of this agreement shall be considered a default. <br />4 <br />
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