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200211975
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10/15/2011 9:08:52 AM
Creation date
10/22/2005 10:24:14 PM
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DEEDS
Inst Number
200211975
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19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, <br />Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under <br />paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and <br />payable. <br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by <br />judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the <br />rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment <br />of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums <br />on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the <br />receiver shall be liable to account only for those rents actually received. <br />20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to <br />reconvey the,Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of <br />Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally <br />entitled thereto. Such person or persons shall pay all costs of recordation, if any. <br />21. Substitute Trustee. Lender, at Lender's, option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. <br />Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the <br />Trustee herein and by applicable law. <br />22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to <br />Borrower's address which is the Property Address. <br />REQUEST FOR NOTICE OF DEFAULT <br />AND FORECLOSURE UNDER SUPERIOR <br />MORTGAGES OR DEEDS OF TRUST <br />Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has <br />priority over this Deed of Trust to give Notice to Lender, at Lender's address set forth on page one of this Deed of Trust, of <br />any default under the superior encumbrance and of any sale or other foreclosure action. <br />IN WITNESS WHEREOF, Borrower has executed this DPerl of Trttct <br />STATE OF Nebraska <br />COUNTY OF Hall ss: <br />On this 28th day of October 1 2002 before me, the undersigned, a <br />Notary Public duly commissioned and qualified for said county, personally came Randy L. Gard and Vicki Jean Gard, <br />as husband and wife , to me known to be the identical person(s) <br />whose names(s) are subscribed to the foregoing instrument and acknowledged the execution thereof to be his <br />voluntary act and deed. <br />WITNESS my hand and notarial seal at Grand Island <br />in said county, the date aforesaid. <br />GENERAL NOTARY -State of Nebraska <br />My Commission expir s: III WILLIAM L. McLELLAN <br />My Comm. Exp. Aug. 12, 2004 otary Public <br />William L McLellan <br />REQUEST FOR RECONVEYANCE <br />TO TRUSTEE: <br />The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all <br />other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or <br />notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you <br />under this Deed of Trust to the person or persons legally entitled thereto. <br />Date Signature <br />[Space Below This Line Reserved for Lender and Recorder] <br />4572.CV (5101) GI1979 Page 4 of 4 <br />O <br />iNZ <br />FM <br />F+► <br />C.� <br />GOTO(00034fl3) <br />
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