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200600864
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Last modified
2/1/2006 9:44:54 AM
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2/1/2006 9:44:54 AM
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DEEDS
Inst Number
200600864
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<br />. <br /> <br />200600864 <br /> <br />H. As additional and collateral seeu~ity fo~ the loan, and effective <br />forthwith upon filing of a Notice of Defaylt, this instrument shall <br />serve as an assignment by the TRUSTORS to the TRUSTEE, of all rents <br />and ~evenues resulting from the property, and TRUSTEE is authorized <br />to take possession of the property, rent or lease the same on te~ms <br />he deems best aod to collect the rents and ~eVenueB and apply the <br />same upon unpaid interest, principal, teu<:es or insurance premiums <br />or for maintenance and preservation of the premises. <br /> <br />1. The waiver by TRUSTEE or BENEFICIARIES ot any ddault of TRUSTOP.s <br />under this peed of Trust, on one occasion, shall not be or be <br />deemed to be a waiver of any other or similar defaults subsequently <br />occurring. <br /> <br />J. If title to' any part of the property }1erein s;hall be taken in <br />condemnation proceedings, by right of eminent domain, or similar <br />action, or shall be sold under threat of condemnation, all awards;, <br />damages and proceeds are hereby assigned and shall be paid to the <br />BENEFICIARIES, who shall apply such payment, or any part thereof, <br />in their sole discretion, to the sum due at that time on this Deed <br />of Trust and Trust De..d Note, with any balance above the amount due <br />hereunder payable to the TRUSTORS. <br /> <br />K. The BENEFICIARIES, their agents or representatives, are hereby <br />authorized to enter, at any reasonable time, upon any part of the <br />trust property for the purposes of inspecting the same and for the <br />purpose of performing any of the acts they are authorized ~o <br />perform under the terms of this Peed of Trust and other <br />accompanying documents. <br /> <br />L. This Deed of Trust and all accompanying documents are subject to, <br />constructed and governed by the laws of the State of Nebraska for <br />all purposes- <br /> <br />M. In the event I!.ny one or more of the prov~s~ons contained in this <br />Deed of Trust, Trust Deed Note, or any other instrument given in <br />connection with this transaction, shall for any reason be held to <br />be invalid, ill..gal or unenforceable in any respect, such <br />invalidity, illegality, or unenforceability shall, at the option of <br />the BENEFICIARIES, not affect any other provisions of this Deed of <br />Trust or Trust Deed Note, put this Deed of Tru"t and Trust Deed <br />Note shall be construed as if such invalid, illegal or <br />unenforceable prOvision had never been contained therein, it being <br />the intention of the parties that the provisions of this Deed of <br />Trust are declared to be severable. <br /> <br />N. TRUSTORS hereby waive their right to designate the property subj~ct <br />~o this Deed of Trust as a homestead under Neb. Rev. S~at_ 940-101 <br />(Reissue 1993). <br /> <br />o. This Deed of Trust shall inure to and bind the heirs, devisees, <br />personal repreBenta~ives, suooessors; and assigns; of the parti~s <br />hereto. <br /> <br />The TRUSTORS request that a copy of any Notice of Default and of any <br />Notice of Sale h~r~under be mailed ~o them at the address herein Bet forth. or <br />such other address as they may provide to the TRUSTEE and BENEFICIARIES. <br />TRUSTORS acknowledge that as TRUSTORS, they understandi that the document they <br />are executing herein is a Deed of TrYst and not a mortgage, and that the power <br />of sale provided tor in this Deed of Trust provides substantially different <br />rights and obligations than a mortgage and in an event of default or breach of <br />the ollligations set forth herein, the TRUSTEE and the BENEFICIARIES may talce <br />such action as herein provided, including the exercise of the power of s;ale. <br /> <br />E4ECUTSD the date first above written. <br /> <br />-4- <br />
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