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200203743
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200203743
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Last modified
10/14/2011 8:06:38 PM
Creation date
10/22/2005 6:10:10 PM
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DEEDS
Inst Number
200203743
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200203743 <br />15.1 Notice as required by the Nebraska Trust Deeds Act shall be given. <br />Except as provided herein and wherever permissible by law Trustors waive <br />notice. Notice may be sent to the parties at their address as listed in this <br />agreement or as otherwise changed. All notices required herein shall be in <br />writing. Any party may at any time change it's address for such notices by <br />delivering or mailing to the other parties hereto, a notice of such change. <br />Any notice hereunder shall be deemed to have been given when placed within the <br />U.S. Mails, postage prepaid, addressed to the address of the party as listed <br />herein or as properly changed. <br />15.2 Trustor, Beneficiary, and Trustee request that a copy of any notice <br />provided hereunder, provided according to applicable law or provided by the <br />terms of any other security agreement covering the security herein, be mailed <br />to them at the address provided above. <br />16. This Deed of Trust shall be governed by the laws of the State of <br />Nebraska. <br />17. Acceptance by the Trustee. The Trustee accepts this trust when this <br />Deed of Trust, duly executed and acknowledged, is made a public record, as <br />provided by law. <br />18. Subordination. Lender and Borrower acknowledge and agree that this Deed <br />of Trust is subject and subordinate in all respects to the liens, terms, <br />covenants, and conditions of the Deed of Trust ( "First Deed of Trust ") securing <br />a note payable by Borrower to U.S. Bank, Grand Island, NE ( "Senior Lien <br />Holder ") and subordinate in all respects to the liens, terms, covenants, and <br />conditions of the Deed of Trust ( "Second Deed of Trust ") secured by a note <br />payable by Borrower to the City of Grand Island, Grand Island, NE_( "Junior Lien <br />Holder ") and to all advances heretofore made or which may hereafter be made <br />pursuant to the First Deed of Trust including all sums advanced for the purpose <br />of (a) protecting or further securing the lien of the First Deed of Trust, <br />during defaults by Borrower under the First Deed of Trust, or for any other <br />purpose expressly permitted by the First Deed of Trust, or (b) constructing, <br />renovating, repairing, furnishing, fixturing, or equipping the Property. The <br />terns and provisions of the First Deed of Trust are paramount and controlling, <br />and they supersede any other terms and provisions hereof in conflict therewith. <br />In the event of a foreclosure or deed in lieu of foreclosure of the First Deed <br />of Trust, any provisions herein restricting the use of the Property to low -or <br />moderate- income households or otherwise restricting Borrowers ability to sell <br />the Property shall have no further force or effect on subsequent owners or <br />purchasers of the Property. Any person, including his successors or assigns <br />(other than Borrower or a related entity of Borrower) , receiving title to the <br />Property through a foreclosure or deed in lieu of foreclosure of the First Deed <br />of Trust shall receive title to the Property free and clear from such <br />restrictions. <br />Further, if the Senior Lien Holder acquires title to the Property pursuant to <br />a deed in lieu of foreclosure, the lien of this Deed of Trust shall <br />automatically terminate upon the Senior Lien Holder's acquisition of title. <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the <br />date and year first above written. <br />1 <br />��a -_ is �� ��� /� %.L� <br />WOMMU <br />STATE OF NEBRASKA ) <br />)ss. <br />COUNTY OF HALL ) <br />The foregoing instrument was acknowledged before me this day of <br />2001, by Larry D. Gydesen and Amanda M. Gydesen, hugand and <br />wife. <br />GENERAL NOTARY-State of Nebraska <br />MARILYN D. STICKELS (�C� <br />My Comm. Exp. Jan. 19, 2004 <br />Notary Put�ic <br />
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