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200205500
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Last modified
10/14/2011 10:53:46 PM
Creation date
10/22/2005 8:42:01 PM
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DEEDS
Inst Number
200205500
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200205500 <br />satisfv the entire or any portion of indebtedness seen red hereby, including the late payment tee and Interest <br />accrued at the default rate set forth in the Note, made at any time prior to foreclosure sale Qnchhding sale <br />under power of sale) by the Borrower, its successors or permitted assigns or by anyone on behalf of <br />Borrower, its successors or permitted assigns, shall constitute an evasion of the prepayment terms of said <br />Note and be deemed to be a voluntary prepayment thereunder and any such payment, to the extent <br />permitted by law, will, therefore, include the additional payment required under the prepayment privilege, if <br />any, contained in said Note_ <br />25. BORROWER'S RIGHT TO REINSTATE. Notwithstanding Lender's acceleration of the <br />SLIMS sceured by this Decd of Trust, Borrower shall have the right to have any proceedings begun by <br />Lender to cnlbrec this Deed of Trust discontinued at anytime prior to the earlier to occur of O the fifth day <br />before the sale of the Property pursuant to the power of sale contained in dus Deed of Trust, or (ii) entry of <br />a judgment enforcing this Deed of'I'rust if. (a) Borrower pays Lender all sums which would be then due <br />under this Deed of Trust and the Note, had no acceleration occurred, including the late payment fee and <br />Interest accrued at the default rate set for$ in the Note; (b) Borrower cures all breaches of any, other <br />covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all expenses <br />actually incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained <br />in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in Paragraph 23 hereof, <br />including, but not limited to, attomcys' fees; and (d) Borrower takes such other action as Lender may <br />ieasonably require to assure that the lien of this Decd of Trust. Leader's interest in the Properly, and <br />Borrower's obligation to pay the sums sceured by this Deed of Trust shall continue unimpaired_ Upon such <br />payrncnt and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full <br />force and effect as if acceleration had occurred. <br />26. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN <br />POSSESSION. As additional security horcrmder. Borrower hereby assigns to Lender the rents of the <br />Propery pursuant to the Assignment of Leases and Rents dated of even date herewith by Borrower in favor <br />of Lender, provided that Borrower shall, prior to acceleration under Paragraph 23 hereof or abandonment <br />of the Property, have the right to collect and retain such rents as they become due and payable. <br />27. SECURITY AGREEMENT AND FINANCING STATEMENT UNDER UNIFORM <br />COMMERCIAL CODE. This Deed of Trust encumbers, and Borrower hereby grants Lender a security <br />interest in, Borrower's interest in all personal property of any kind whatsoever, whether tangible or <br />intangible, whether or not any such personal property is now or becomes a "fixture", which is used or will <br />be used in construction of, or is or will be placed upon or is derived from or used in any connection with the <br />use, occupancy or enjoyment of the Property. Such personal property ( "Collateral ") shall include those <br />items as Shown on the attached Exhibit "B" <br />"Fixtures" shall include all articles of personal property, finartate and furnishings which are so <br />related to the Property such that an interest arises in them under the real estate laws of the State of <br />Nebraska . To the extent of the existence of Collateral encumbered by this Decd of Trust, this Decd of <br />Trust shall constitute a security agreement and when tiled with the Nebraska Secretary of State and in the <br />real properly records of the county where the Properly is situated is intended to create a perfected security <br />interest in such Collateral in favor of Lender and to constitute a "fixture filing" in accordance with the <br />provisions of Nebraska Uniform Commercial Code. This Deed of Trust shall be self- operative with respect <br />to such Collateral, but Borrower agrees to execute and deliver on demand such security agreements, <br />financing statements and other instruments as Lender may request in order to impose the hen hereof more <br />specifically upon any such Collateral and to pay the recording and/or filing fees associated therewith. For <br />purpose of treating this Deed of Trust as a security agreement and financing statement, Lender shall be <br />decreed to be the Secured Party and Borrower shall be deemed to be the Debtor. <br />28. RECON VEYANCE. Upon payment of all sums secured by this Deed of Trust, Lender shall <br />request Trustee to rewnvey the Property and shall surrender this Deed of Trust and all Notes evidencing <br />indebtedness secured by this Deed of Trust to Trustee. Trusme shall reconvey the Property without <br />warranty and without charge to the person or persons legally entitled thereto_ Such person or persons shall <br />pay all costs of recordation, if any <br />29. SUBS"I'I'rUTE TRUSTEE_ tender, at Lender's option, may from time to time by an <br />instrument recorded in the Register of Deeds' office of the County in which this Decd of Trust is recorded <br />mid otherwise in accordance with the provisions of Ncb. Rev. Star § 764004 remove Trustcc and appoint <br />a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor <br />
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