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200401962
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Last modified
10/16/2011 12:58:56 PM
Creation date
10/20/2005 11:44:31 PM
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DEEDS
Inst Number
200401962
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200401962 <br />3 <br />respectively, as set out in the first page hereof or to such other address as the Lender or Trustee may designate by <br />notice to Borrower. Notice shall be deemed to be given when mailed. All parties hereby request that any notice <br />of default and any notice of sale be mailed to them at the addresses set out herein. <br />9. Assignment of Rents. As additional security hereunder, Borrower hereby assigns Lender the rents <br />of the property, provided that Borrower shall have the right to collect and retain such rents prior to default <br />hereunder. Upon default and acceleration, Lender shall be entitled to enter upon, take possession of, and manage <br />the property and collect rents and apply the same to the indebtedness. Such collection may be in person, by agent <br />or duly appointed receiver. <br />10. Transfer of Propert y. If all or any part of the Property or any interest therein is sold or transferred <br />without the express written consent of the Lender, Lender may at Lender's sole option declare all sums secured by <br />this Deed of Trust to be immediately due and payable. <br />11. Miscellaneous Covenants. Lender and Borrower agree as follows: (a) that Borrower has received <br />a copy of the Note and this Deed of Trust at the time of execution; (b) any forbearance in exercising any right or <br />remedy shall not be a waiver thereof; (c) all remedies herein are distinct and cumulative to any other right afforded <br />by law or equity, and may be exercised concurrently, independently or successively; (d) the covenants and <br />agreements contained herein shall bind, and the rights inure to, the respective successors and assigns of the <br />Borrower and the Lender; (e) the headings of the paragraphs of this Deed of Trust are for convenience only and <br />shall not be used to interpret or define the provisions hereof. <br />12. Acceleration, Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this <br />Deed of Trust, including the covenants to pay when due any sums due by this Deed of Trust, Lender may, at <br />Lender's option, declare all sums secured by this Deed of Trust to be immediately due and payable without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be <br />entitled to collect all reasonable costs incurred in pursuing her remedies, including but not limited to Trustee fees <br />and a reasonable attorney fee. <br />13. Power of Sale. The Trustee named herein is hereby given the Power to Sell the property described <br />herein in the manner provided in the Nebraska Trust Deeds Act. If the power of sale is invoked, Trustee shall record <br />a notice of default in each county in which the Property or some part thereof is located and shall mail copies of such <br />notice in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable <br />law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law, and shall <br />give notice of such sale to Trustor. Trustee, without demand on Borrower, shall sell the Property at public auction <br />to the highest bidder at the time and place and under the terms and conditions designated in the notice of sale in one <br />or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the <br />Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's <br />designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser a Trustee's Deed conveying <br />the Property sold. The recitals in the Trustee's Deed shall be prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and <br />
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