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200206257
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200206257
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Last modified
10/15/2011 12:00:33 AM
Creation date
10/22/2005 8:49:48 PM
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DEEDS
Inst Number
200206257
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200206257 <br />(b) All sums then secured hereby. <br />(c) The remainder, if any, to the person or persons legally entitled <br />thereto. <br />(4) At any time within three months after a sale of property under this Deed <br />of Trust as hereinabove provided, an action may be commenced to <br />recover any balance due upon the obligation as provided in Section 76- <br />10 13 of the Nebraska Statutes. <br />D. Option to Foreclose: Upon the occurrence of any default hereunder, <br />Beneficiary shall have the option to foreclose this Deed of Trust in the manner <br />provided by law for the foreclosure of mortgages on real property. <br />E. Substitute Trustee: Beneficiary may from time to time substitute a successor or <br />successors to any Trustee named herein or acting hereunder. Upon such <br />appointment and without conveyance to the successor Trustee, the latter shall be <br />vested with all title, powers and duties conferred upon any Trustee herein named <br />or acting hereunder. Each such appointment and substitution shall be made by <br />written instrument and executed by Beneficiary containing reference to this <br />Deed of Trust and its place of record, which, when recorded in the office of the <br />Register of Deeds of the county or counties in which said property is situated, <br />shall be conclusive proof of the proper appointment of the successor Trustee. <br />The foregoing power of substitution and the procedure thereof shall not be <br />exclusive of the power and procedure provided for by law for the substitution of <br />a Trustee in place of the Trustee named herein. <br />F. Assignability and Acceleration: Trustor 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 <br />be unreasonably withheld. If said sum remains unpaid for fifteen (15) days after <br />a nonconsential conveyance, assignment or transfer occurs, Beneficiary can <br />cause Notice of Default to be given and the premises will be sold as provided <br />herein. <br />G. Rent Assi¢nment: 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 Trustor 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 on 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 <br />for maintenance and preservation of the premises. <br />H. 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 />I. 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) or two (2) <br />month periods specified in Sections 76- 1006(2) and 76 -1012 R.R.S., have <br />elapsed after Notice of Default has been filed as provided by law. <br />J. Costs of Trustee: The Trustor shall pay all charges imposed by the Trustee. <br />K. 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. Regulation Z Waiver: The Trustor agrees this transaction is not a transaction <br />between a borrower and a commercial lender and waives any three (3) day right <br />to rescind it may have, together with any rights to disclosures and notices in <br />addition to those made herein, if any, under federal and state Truth in Lending <br />Page 3 of 4 <br />
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