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88104407
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Last modified
3/9/2007 5:41:35 PM
Creation date
3/9/2007 4:39:28 AM
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DEEDS
Inst Number
88104407
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<br />88- <br /> <br />104(107 <br /> <br />right to enter upon the Real Estate and the improvements or any <br />other real property or any personal property which is the <br />sUbject of the security interest granted herein located to take <br />possession of, assemble and collect such personal property or to <br />render it unusable, or Trustor, upon demand of Beneficiary, <br />shall assemble such personal property and make it available to <br />Beneficiary at a place deemed reasonably convenient to <br />Beneficiary. If notice is required by law, Beneficiary shall <br />give Trustor at least five (5) days' prior written notice of the <br />time and place of any public sale or other disposition of such <br />property or of the time of or after which any private sale or <br />other intended disposition is to be made, and, if such notice is <br />sent to Trustor, as the same is provided for the mailing of <br />notices herein, it is hereby deemed that such notice shall be <br />and is reasonable notice to Trustor. Any sale made pursuant to <br />the provisions of this paragraph shall be deemed to have been a <br />public sale conducted in a reasonably commercial manner if held <br />contemporaneously with the sale under the power of sale granted <br />in this Deed of Trust upon giving the same notice with respect <br />to the sale of the personal property hereunder as is required <br />with respect to the sale under the power of sale given the <br />Trustee under this Deed of Trust. <br /> <br />17. Fixture Financing statement: This Deed of Trust is <br />intended to be a financing statement within the purview of the <br />Nebraska Uniform Commercial Code with respect to those items of <br />such property as constitute fixtures on the Real Estate. The <br />address of Trustor (Debtor) and Beneficiary (Secured party) are <br />set forth on the first page of this Deed of Trust. This Deed of <br />Trust is to be filed for record with the Register of Deeds of <br />Dodge County, Nebraska where the real estate is located. <br />Trustor is the record owner of the real estate. <br /> <br />18. Substitution of Trustee: That Beneficiary may, from <br />time to time, by instrument in writing, substitute a successor <br />or successors to any Trustee named herein or acting hereunder, <br />which instrument, executed and acknowledged by Beneficiary and <br />recorded in the office of the register of deeds of the county or <br />counties where such property is situated, shall be conclusive <br />proof of proper substitution of such Trustee or Trustees, who <br />shall, without conveyance from the Trustee predecessor, succeed <br />to all its title, estate, rights, power and duties. <br /> <br />19. No Waiver by Beneficiary: No waiver by Beneficiary of <br />any right under this Deed of Trust shall be effective unless in <br />writing. waiver by Beneficiary of any right granted to <br />Beneficiary uneer this Deed of Trust or of any provision of this <br />Deed of Trust as to any transaction or occurrences shall not be <br />deemed a waiver as to any future transaction or occurrences. By <br />accepting payment of any sum secured hereby after its due date, <br />or by making any payment or performing any act on behalf of <br />Trustor that Trustor was obligated hereunder, but failed to make <br />or perform, or by adding any payment so made by Beneficiary to <br />the indebtedness secured hereby, Beneficiary does not waive its <br /> <br />-14- <br />
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