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85001582
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Last modified
10/17/2011 5:54:25 PM
Creation date
4/1/2008 4:06:09 PM
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DEEDS
Inst Number
85001582
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85=t• 001582 85. YQP2 <br />Each party to this Trust Deed requests that a copy of any notice of default and a copy of any notice of sale <br />hereunder be mailed to each such party at the address set forth herein, as provided by the Nebraska Trust <br />Deeds Act.,' <br />And in the event of the foreclosure of this Deed of Trust, Trustor covenants and agrees to pay the cost of ex- <br />tending the abstract of title or obtaining a certificate of title from the date of recording this Deed of Trust to the <br />date of filing suit, and upon failure of said party to do so, all money so advanced by Trustee shall bear interest <br />at the rate of 18 percent per annum and shall be secured by this indenture. In addition, Trustor agrees <br />to pay a reasonable attorney's fee for the prosecution of a foreclosure action, which shall be added to the prin- <br />cipal balance at the time a foreclosure decree is entered or shall be paid by the Trustor if Trustee agrees that <br />the default may be cured after the institution of a foreclosure suit. <br />The Trustee shall have the right to release with or without consideration or credit on the indebtedness hereby <br />secured, any part of the property herein described by adequate legal instrument without regard to the existence <br />of any junior encumbrance and without the consent of such junior encumbrancer, and such release shall have <br />no further effect upon the rank, lien or estate conveyed hereby or against the Trustee than :s therein expressed. <br />Beneficiary may at any time and from time to time appoint a successor Trustee by filing for record in each county <br />where the trust property or part thereof is located a notice of Substitution of Trustee. <br />In the event that the real property herein described, or any portion thereof or any interest therein be sold, mort- <br />gaged or conveyed, or becomes subject to an agreement to sell or convey, prior to the time the indebtedness <br />secured hereby shall have been paid in full, then the entire indebtedness secured by this Trust Deed shall at <br />the option of the Beneficiary become due and payable. <br />That if the property, or any part thereof, be condemned under any power of eminent domain, or acquired for <br />public use, the damages, proceeds, and the consideration for such acquisition, to the extent of the full amount <br />of indebtedness upon this Trust Deed and the Note secured hereby remaining unpaid are hereby assigned by <br />Trustor to the holder of said Note and Trust Deed and shall be paid forthwith to said holder to be applied by it <br />firstly to the payment of any expenses said holder may incur in the condemnation proceeding, and secondly on <br />the indebtedness secured hereby in such manner as it elects, or the amount so received or any part thereof <br />may be released by the said Beneficiary. <br />Beneficiary may within three months after the sale of the property under this Trust Deed, sue Trustor in an action <br />for recovery of any balance due, including interest from the date of sale, the costs and expenses of exercising <br />the power of sale, and of the sale, upon this obligation which was not retired and paid by the proceeds of the <br />sale of the same. <br />Any partial releasr, or subordination agreement shall only be executed by the Trustee on the written direction <br />of Beneficiary, evidenced by his joinder in such instrument. <br />Upon written notice from the Beneficiary that the debt secured hereby has been paid in full, evidenced by joinder <br />of the Beneficiary in the full release document, Trustee shall reconvey, without warranty, the estate in the prop - <br />any then held by the Trustee. <br />Whenever the word he, his or him is used herein, such word shall also mean and include the words she, they, <br />it, hers, theirs or them, and the singular shall likewise mean and include the plural, and the words heirs shall <br />also mean personal representatives and successors in interest by whatever right, as the context indicates. <br />M <br />i <br />
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