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200303353
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200303353
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Last modified
10/15/2011 6:46:50 PM
Creation date
10/21/2005 4:31:48 PM
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DEEDS
Inst Number
200303353
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200303353 <br />F. Assignability and Acceleration: Truster covenants and agrees that the <br />Beneficiary shall have the option of declaring the unpaid balance immediately <br />due and payable upon any conveyance, assignment or transfer of Trustor's <br />interest in the premises during the term of the loan secured hereby in the absence <br />of written consent from the Beneficiary or its assignees, which consent shall not be <br />unreasonably withheld. If said sum remains unpaid for fifteen (15) days after a <br />nonconsensual conveyance, assignment or transfer occurs, Beneficiary can cause <br />Notice of Default to be given and the premises will be sold as provided herein. <br />F. Rent Assignment: As additional collateral security for the loan and effective . <br />forthwith upon filing of a Notice of Default, this instrument shall serve as an <br />assignment by the Truster to the Trustee of all rents and revenues resulting from <br />the property, and Trustee is authorized to take possession of the property, rent or <br />lease the same in terms it deems best and to collect the rents and revenues and <br />apply the same upon unpaid interest, principal, taxes or insurance premiums or for <br />maintenance and preservation of the premises. <br />G. Waiver of Defaults: The waiver by Trustee or Beneficiary of any default of <br />Truster under this Deed of Trust shall not be or be deemed to be a waiver of any <br />other or similar defaults subsequently occurring. <br />H. 10 -Day Grace Period: The power of sale herein conferred upon the Trustee <br />shall not be exercised until a full ten (10) days, including the one (1) month period <br />specified in Sections 76- 1006(2) and 76 -1012 R.R.S. have elapsed after Notice of <br />Default has been filed as provided by law. <br />I. Costs of Trustee: The Truster shall pay all charges imposed by the Trustee. <br />J. Effect: The designation " Trustor" herein shall extend to and apply to the <br />undersigned, singular or plural, and the covenants and agreements of the parties <br />herein shall be binding upon their heirs, devisees, executors, administrators, <br />successors and assigns. <br />L. Construction: This Deed of Trust shall be construed according to the laws of <br />the State of Nebraska and the Trustee and the Beneficiary shall have all of the <br />benefits and rights made available by the Nebraska Trust Deeds Act as the same <br />now exists as well as any additional rights, which may be created under any <br />amendments thereto. <br />M. Reputation Z Waiver: The Trustor agrees this transactions is not a transaction <br />between a borrower and a commercial lender and waives any three (3) day right to <br />rescind it may have, together with any rights to disclosures and notices in addition <br />to those made herein, if any, under federal and state Truth in Lending and <br />Consumer Protection legislation. <br />N. Notice of Default: Each party to this instrument requests that a copy of any <br />Notice of Default and a copy of any Notice of Sale hereunder shall be mailed to <br />each person who is a party hereto, at the address of such person set forth herein. <br />O. Recording Costs and Abstract: The Truster shall pay the cost of recording its <br />Warranty Deed and this Deed of Trust. The abstract or title insurance, as the case <br />may be, shall be returned to the Beneficiary to be held as additional security <br />during the term of this Deed of Trust, except during periods of title examination <br />and correction. <br />P. Attorney's Fees: In the event either party defaults in the performance of this <br />contract and the aggrieved party has to resort to a lawsuit to enforce its rights <br />hereunder, the aggrieved party shall be entitled to sue for its damages in <br />connection with said lawsuit, including accrued and estimated court costs and <br />attorney's fees to the full extent then allowed by the court where said action is <br />4of5 <br />
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