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200407852
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200407852
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Last modified
10/16/2011 7:26:50 PM
Creation date
10/21/2005 3:18:20 AM
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DEEDS
Inst Number
200407852
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200407852 <br />This instrument shall constitute a security agreement with respect to the fixtures Income and Personal Property <br />included in the description of the Property. <br />Upon request by third party, first party shall execute financing statements and take whatever other action is requested <br />by third party to perfect and continue third party's security interest in the fixtures, Income and Personal Property. <br />First party appoints third party first party's attorney in fact for the purpose of executing any documents necessary to <br />perfect or continue the security interest granted therein and authorized third party to file such financing statements as <br />third party deems appropriate to perfect its security interest in the fixtures, Income and Personal Property. Third <br />party may file copies or reproductions of this deed as a financing statement at any time without further authorization <br />from first party. First party will reimburse third party for all expenses incurred in perfecting or continuing this <br />security interest. Upon default, first party shall assemble the personal property and make it available to third party <br />within three days after receipt of written demand from third party. <br />This instrument constitutes a financing statement filed as a fixture filing in the Official Records of the County <br />Recorder of the County in which the Real Property is located with respect to any and all fixtures included in the term <br />Property as used herein and with respect to any goods or other personal property that may now be or hereafter <br />becomes fixtures. <br />Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect the rents, <br />issues and profits of the property and of any personal property located thereon with or without taking possession of the <br />property affected hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to <br />Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues and profits <br />as they accrue and become payable, so long as Trustor is not, at such time, in default with respect to payment of any <br />indebtedness secured hereby, or in the performance of any agreement hereunder. If any event of default described <br />hereafter in respect to this Deed of Trust shall have occurred and be continuing, Beneficiary, as a matter of right and <br />without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the trust estate or the <br />interest of the Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver of the <br />property. It is further agreed that in case of default in the payment of the said principal Deed of Trust Note or interest, or <br />any part thereof, as it shall mature, or in the case of failure to keep or perform any of the covenants or agreements <br />contained in this Deed of Trust, then the Beneficiary, its successors or assigns, shall be and is hereby authorized and <br />empowered to take immediate possession of the said premises hereby conveyed and all crops thereon, or to collect the <br />rents therefrom, and to apply the proceeds thereof to the payments of the debt hereby secured. <br />To Have and to Hold the Same, together with all and singular the privileges and appurtenances thereunto belonging: In <br />Trust Nevertheless, that in case of default in the payment of said Deed of Trust Note or any part thereof, or in the <br />payment of the interest thereon, according to the tenor and effect of said Deed of Trust Note, principal or interest, if any, <br />or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants, or <br />agreements herein contained, then all sums secured hereby shall immediately become due and payable at the option of the <br />holder of the Deed of Trust Note, and the Trustee may proceed to sell the property in accordance with the Nebraska Trust <br />Deeds Act (Section 76 -1001 et. seq.). As a fee in exercising the power of sale, Trustee shall receive its reasonable fees <br />actually incurred. <br />And the Trustor covenants and agrees to and with the Trustee, that at the time of the ensealing of and delivery of these <br />presents, he is well seized of the said premises in fee simple and has good right, full power, and lawful authority to grant, <br />bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear of all liens and <br />2 <br />
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