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200113206
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200113206
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Last modified
10/14/2011 2:27:09 PM
Creation date
10/20/2005 11:52:18 PM
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DEEDS
Inst Number
200113206
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200113206 <br />2.2 The property is free and clear of all liens and encumbrances except <br />for None <br />3. Maintenance of the Security. <br />3.1 Trustor shall keep the security in good condition and repair; shall not <br />commit or suffer waste; shall not do or allow anything to be done which will <br />increase the risk of fire or other casualty to the premises or diminish the <br />value of the security except reasonable wear and tear; and, shall not alter the <br />design or structural charter of any building or add any building within the <br />security without the written consent of the Beneficiary. <br />3.2 If the security or any part thereof is damaged by fire or other cause <br />including condemnation, Trustor shall give immediate written notice of the <br />event to the Beneficiary. Trustor shall use any proceeds of compensation for <br />the damaged from the insurance, condemnation award or otherwise to restore or <br />replace the proceeds to the Beneficiary at the option of the Beneficiary. If <br />part of the security is damaged, the Trustor shall restore, repair, or alter <br />the remaining property in a manner satisfactory of the Beneficiary. <br />3.3 The Beneficiary or it's representative is hereby authorized to make or <br />cause to be made reasonable entries upon and inspections of the premises. <br />3.4 The Trustee shall promptly comply with all present and future laws, <br />ordinances, rules and regulations of any governmental authority affecting the <br />premises or any part thereof. This shall apply to any construction upon the <br />premises as well as the operation of any business upon the premises. <br />4. Insurance. Trustor shall keep the security insured against: (1) loss by <br />perils covered by standard fire policy with standard extended coverage <br />endorsement, in an amount equal to 100% of the full replacement value of the <br />security without deduction for depreciation; (2) liability insurance for the <br />benefit of the Beneficiary and Trustee to protect the Beneficiary and Trustee <br />from any and all claims of personal injury or property damage arising from or <br />out of the premises; and (3) other insurance normal and customary for owners <br />and of similar property. Further, Beneficiary may require any other reasonable <br />insurance to protect the security. All insurance shall be paid for by the <br />Trustor, shall be in form and by company approved by the Beneficiary, shall <br />insure the Beneficiary, Trustee and Trustor as their interests appear, and <br />shall provide that the insurance company shall notify the Beneficiary in <br />writing at least 30 days before any cancellation or termination becomes <br />effective as to the Beneficiary. <br />S. Taxes, Assessments, and charges. Trustor shall pay all taxes, <br />Assessments, liens, and other charges including utility charges, which may <br />affect the security as they are due and before they are delinquent. Upon <br />request, Trustor shall show Beneficiary proof of payment. Trustor shall pay <br />all taxes and Assessments which may be levied upon Beneficiary's interest <br />herein or upon this Deed of Trust without regard to any law in effect or than <br />may be enacted imposing payment of the whole or any part of therefore upon the <br />Beneficiary. <br />6. Condemnation. The proceeds of a condemnation award are hereby assigned and <br />shall be paid to Lender and shall be applied to the sums secured by this Deed <br />of Trust, whether or not then due, with any excess to be paid to Borrower. <br />7. Additional Liens and Protection of Security and Subrogation. Beneficiary <br />in sole discretion may make any payment, expend or advance any funds it deems <br />necessary to protect the security of this Deed of Trust. Such payment, <br />expenditures or advancements with shall become secured hereby. <br />8. Default, Remedies, Acceleration, Sale. If the Trustor does not: (1) <br />perform any of the covenants of the Deed of Trust; or (2) if the Beneficiary <br />has to expend sums to protect the security, then Trustor has breached his <br />agreement, is in default and the Beneficiary may declare default and may <br />declare all sums secured hereby immediately due and payable and such sums <br />immediately become due and payable without presentment, demand, protest, or <br />notice, of any kind except as may be provided in the Deed of Trust Note and may <br />invoke the power of sale and /or any other remedies permitted by applicable law <br />including the right to foreclose this Deed of Trust in the manner provided by <br />law for the foreclosure of mortgages on real estate. Beneficiary shall be <br />entitled to collect all reasonable costs and expenses incurred in pursuing such <br />remedies including, but not limited to, reasonable attorney's fees. <br />A. If the power of sale is invoked, the Trustee shall proceed to sell the <br />property complying with the Nebraska Trust Deeds Act in regard to notice, time, <br />and manner of sale. The Trustee may sell the property in one or more parcels <br />and in such order as the Trustee may designate, at public auction to the <br />highest bidder, purchase price payable in cash or as otherwise suitable to the <br />Trustee at the time of sale. The Trustee may postpone the sale from time to <br />time. The Trustee shall execute and deliver to the purchaser a Trustee's deed <br />conveying the property sold, but without any covenant or warranty, express or <br />implied. The recitals in the deed of any matters or facts shall be conclusive <br />proof of the truthfulness thereof. Any person, including without limitation, <br />Beneficiary or Trustee, may purchase at the sale. <br />
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