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87103979
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87103979
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Last modified
10/19/2011 9:22:29 AM
Creation date
3/27/2008 2:30:23 PM
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DEEDS
Inst Number
87103979
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I <br />87--103979 <br />are unpaid and due on the date of default, or which may become due after default, <br />togener with the authority to collect and enforce payment of the rents and profits. <br />ll.Transfer of Real Propertl. If the Borrower should, without written consent <br />of the Lender, sell, transfer, encumber or alienate the real property or any part <br />thereof, whether voluntarily or involuntarily, then the Lender shall have the right to <br />declare all indebtedness and obligations secured by this Trust Deed, immediately due <br />and payable. No secondary financing of any kind shall be allowed with respect to the <br />real property without written approval of the Lender, provided such approval shall not <br />be unreasonably withheld. <br />12. Remedies Cumulative. All remedies provided in this Trust Deed are distinct <br />and cumulative to any other right or remedy under this rrust Deed or afforded by law <br />or equity, and may be exercised concurrently, independently or successively. <br />13. Default and Remedies. As expressly agreed by Borrower, in the event of <br />Borrower's failure to comply with each and all of the conditions in this Trust Deed or <br />Note or any other instruments affecting the loan secured hereby, time being of the <br />essence, then the full amount secured hereby shall become due and collectible at once <br />and the whole indebtedness shall bear interest at the highest legal rate not to exceed <br />twenty (20) per cent. The Lender shall have the right to proceed to enforce the <br />liquidation, which is secured herein, by mortgage foreclosure or Trustee's Sale without <br />further notice other than provided by Nebraska law. The Borrower will have those <br />remedies and only those remedies, available under Nebraska law or specifically <br />mentioned in this Trust Deed. <br />14. Method of Trustee Sale. If Trustee sale is elected, the Trustee, at the <br />written request of the Lender, may sell the property in the manner provided in Section <br />76 -1001 through 76 -1018 of the Nebraska Revised Statutes, including amendments, with <br />such right of postponement of sale as the Trustee shall deem best for the interest of <br />all parties concerned. The Trustee shall convey to the purchaser in such sale, the <br />Trustee's title and all right and title of the Borrower to the real property. The <br />purchaser shall be discharged of all liability for the application of the purchase money <br />once sent to the Trustee. The Trustee shall apply the proceeds of the safe, first to the <br />expenses of sale; then to all taxes and assessments due; thence to all sums advanced by <br />the Lender as provided in this Trust Deed together witth interest; thence a Trustee's <br />commission of two percent of the gross sale amount plus the Trustee's costs of <br />reasonable attorney's fees and costs of title evidence; thence to the payment of the <br />indebtedness and obligations secured by this Trust Deed together with interest and <br />thence to the payment of all other Trust Deeds, mortgages and liens junior to this <br />Trust Deed. Any pxoceeds of the sale in excess of the amounts so applied above, shall <br />be paid to the Borrower. <br />15. Substitute Trustee. The Lender has the irrevocable power to appoint a <br />substitute Trustee without specifying any reason therefor, by following the procedures <br />outlined in Section 76 -1004 of the Nebraska statutes. <br />16. Notices. Any notice or demand that may be given under this Trust Deed or <br />any of their ments affecting the loan shall be given to the Trustee at its above <br />address and to the Borrower, at the above address, by depositing in the United States <br />Mail# postage prepaid, except that notices of d ^fault and sale shall be sent by certified <br />or registered mail to each party hereto and request for such notice is hereby made by <br />each party hereto. <br />17. Release Upon Full Payment. Upon pay,nent and satisfaction of the terms of <br />this Trust De - and the Note or Motes and other amounts secured hereby, a <br />reconveyance shall be made and executed by the Trustee. <br />18. Severability. if any provisions of this Trust Deed shall be held invalid under <br />rWoraska law, the Wgity of the remainder of this Trust Deed shall not be affected <br />and the remainder of this Trust Deed shall be construed as if the invalid dxovisAon was <br />never included. <br />19. Successors and Area ns. This Trust Deed applies to and inures to the benefit <br />of and s—all—piE' .s hereto, eir heirs, legatees, devisees, Personal Repesentatives, <br />succasors and assigns. The term "Beneficiary shall mean the owner and holler of the <br />whether or not named as Beneficiary herein. <br />20. Special provisions: <br />
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