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200214678
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Last modified
10/15/2011 1:32:24 PM
Creation date
10/22/2005 11:30:44 PM
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DEEDS
Inst Number
200214678
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Deed of Trost <br />Paget 200214678 <br />4. Buyer shall keep the improvements on said premises htsmed against loss by frc and hazards included within <br />the term "extended coverage" for their insurable value and policies for the same shall include a standard mortgage clause <br />showing Lender herein. In event of loss, Lender may hake proof of loss if not promptly made by Borrower. insurance <br />proceeds shall be applied to restoration or repair of the property damaged, tudess both parties otherwise agree, except if <br />restoration or repair is not economically feasible or Lender's security is not lessened, otherwise said pros :eds shall be <br />paid on the debt herein, whether or not then due. <br />5. If Borrower fails to perform the covenants and agreements herein contained, Lender may do and pay for <br />whatever is necessary to protect the value of the property and Lender's rights in the property, including the paying of any <br />sum seemed by a lien which has priority over this security instrument, appearing in Court, paying reasonable attorney <br />fees and entering the property to make repairs. Any amount disbursed by Lender under this paragraph shall become an <br />additional debt of Borrower secured by this security instrument, to bear interest from the date of disbursement and said <br />amount, together with the then unpaid principal amount, shall bear interest at the highest lawful rate until refunded by <br />Borrower. <br />G. The proceeds of any condenmation award are hereby assigned and shall be paid to Lender and shall be applied <br />to the suns secured by this security instrument, whether or not then due, with any excess paid to Borrower. <br />7. Any extensions or modifications of the loan granted by Lender to any successor in interest of Borrower shalt not <br />operate to release the liability of the original Borrower or Borrower's successors in interest. Any forbearance by Lender <br />in exercising any right or remedy shall not be a waiver CLOT preclude the exercise of any right or remedy. <br />S. This security instrument and the note which it secures shall be governed by Nebraska Law. <br />9. Lender shall give notice to Borrower following Borrower's breach of any covenant or agreement in this security <br />agreement and die note which it secures. The notice shall specify (a) the default, (b) the action required to cure default, <br />(c) a date not less than 30 days from the date the notice is given to Borrower by which the default must be cured, and (d) <br />that failure to cure the default on or before the date spenified in the notice may result in acceleration of the sum secured <br />by this security agreement and resale of the property. The notice shall further inform Borrower of the right to reinstate, <br />after acceleration, and the right to bring a court action to assert the nonexistence of a default or any other defense of <br />Borrower m acceleration and sale. if default is not cured, on or before the date specified in the notice, Lender, at its <br />option, may require immediate payment in fill of all sums secured by this Security agreement without further demand <br />and may invoke the power of sale and any other remedies pernimed by Nebraska Law. Lender shall be entitled to collect <br />all expenses incurred in pursuing the remedies provided in this paragraph, including but not limited to reasonable <br />attorney fees and costs of title evidence. <br />10. If the power of sale is invoked, Trustee shall record a notice of default in each county in which my part of the <br />property is located and shall mail copies of such notice in the manner prescribed by Nebraska law. Trustee shall give <br />public notice of sale to the persons and in the manner prescribed by Nebraska Law. 'Trustee, without demand on <br />Borrower, shall sell the property at public auction to the highest bidder at the time and place and under the terms <br />designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the property by public announcement at the time and place of any previously scheduled sale. <br />Lender or its designee may purchase the properly at any sale. <br />Upon receipt of payment of the price bid. Trustee shall deliver to the purchaser Trustee's Deed conveying the <br />property. The recitals in the Trustee's Deed shall be prima facie evidence of the truth of the statements made therein. <br />Truster shall apply the proceeds of sale in the following order: (a) to all expenses of the sale including, but not limited to. <br />Trustee's fees as permitted by Nebraska haw and reasonable attorney fees, (b) to all sums secured by this security <br />agreement, and (c) any excess to the person or persons legally entitled to it <br />11. Upon acceleration under Paragraph 12 or abandonment of the propery, 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 <br />the rents of the property, including those past due. Any rents collected by Lender or the receiver shall be applied first to <br />payment of the costs of management of the property and collection of rents including, but not limited to, receiver's fees, <br />premiums on receiver's bonds and reasonable attorney fees, and then to the sums secured by this security instrument. <br />
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