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200605551
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Last modified
6/21/2006 12:38:00 PM
Creation date
6/21/2006 12:37:58 PM
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DEEDS
Inst Number
200605551
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<br />#]060655 v4 <br /> <br />200605551 <br /> <br />delivered to Beneficiary within 10 days of receipt by Grantor; and (b) premiums <br />for fire, hazard and insurance required or requested pursuant to the Loan <br />Documents to be maintained by Grantor when same are next due, reduced by that <br />portion of insurance premiums payable in one annual lump sum by tenants <br />pursuant to Approved Leases which shall be delivered to Beneficiary within <br />10 days of receipt by Grantor. If Beneficiary determines that any amounts paid <br />by Grantor are insufficient for the payment in full of such taxes, assessments, <br />levies, charges and/or insurance premiums, Beneficiary shall notify Grantor of the <br />increased amounts required to pay all amounts when due, whereupon Grantor <br />shall pay to Beneficiary within thirty (30) days thereafter the additional amount as <br />stated in Beneficiary's notice. All sums so paid shall not bear interest, except to <br />the extent and in any minimum amount required by law; and Beneficiary shall, <br />unless Grantor is otherwise in Default hereunder or under any Loan Document, <br />apply said funds to the payment of, or at the sole option of Beneficiary release <br />said funds to Grantor for the application to and payment of, such sums, taxes, <br />assessments, levies, charges, and insurance premiums. Upon Default by Grantor <br />hereunder or under any Secured Obligations, Beneficiary may apply all or any <br />part of said sums to any Secured Obligations and/or to cure such Default, in <br />which event Grantor shall be required to restore all amounts so applied, as well as <br />to cure any other events or conditions of Default not cured by such application. <br />Upon assignment of this Deed of Trust, Beneficiary shall have the right to assign <br />all amounts collected and in its possession to its assignee whereupon Beneficiary <br />and the Trustee shall be released from all liability with respect thereto. Within <br />forty-five (45) days following full repayment of the Secured Obligations (other <br />than full repayment of the Secured Obligations as a consequence of a foreclosure <br />or conveyance in lieu of foreclosure of the liens and security interests securing the <br />Secured Obligations) or at such earlier time as Beneficiary may elect, the balance <br />of all amounts collected and in Beneficiary's possession shall be paid to Grantor <br />and no other party shall have any right or claim thereto. Beneficiary at its election <br />may commingle funds received under this Section with other funds of <br />Beneficiary. The provisions of this Section are not intended to contravene any <br />applicable requirements of the laws of the State of Nebraska, and from time to <br />time the provisions of this Section shall be deemed modified as necessary to be in <br />conformance with the laws of the State of Nebraska (provided that the provisions <br />of this Section shall be controlling to the extent any contrary requirements of <br />Nebraska law may be waived, and Grantor hereby waives those requirements of <br />Nebraska law to the fullest extent allowed). <br /> <br />5.4 PERFORMANCE OF SECURED OBLIGATIONS. Grantor shall promptly <br />pay and perform each Secured Obligations when due. Time is of the essence of <br />this Deed of Trust. <br /> <br />5.5 LIENS. ENCUMBRANCES AND CHARGES. Grantor shall immediately <br />discharge any lien or encumbrance against the Subject Property or Collateral not <br />approved by Beneficiary in writing. Subject to the provisions of the Loan <br />Agreement regarding mechanics' liens, Grantor shall pay when due all obligations <br />secured by or which may become liens and encumbrances which shall now or <br /> <br />11 <br />
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