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200803604
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Last modified
4/29/2008 5:01:45 PM
Creation date
4/29/2008 4:17:51 PM
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DEEDS
Inst Number
200803604
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<br />200803604 <br /> <br />of the sale, including, without limitation, the payment of Trustee's fees incurred, which Trustee's <br />fees shall not in the aggregate exceed the sum of Five Hundred and no/100ths Dollars <br />($500.00) plus 1/2 of 1 % of the amount secured hereby and remaining unpaid immediately prior <br />to the sale, and then to the items set forth in subparagraph (c) of this paragraph FIFTH in the <br />order therein stated. <br /> <br />c. After paying the items specified in subparagraph (b) of this paragraph <br />FIFTH, if the sale is by Trustee, or the proper court and other costs of foreclosure and sale if <br />sale is pursuant to judicial foreclosure, the proceeds of sale shall be applied in the order stated <br />below to the payment of: <br /> <br />1) Cost of any evidence of title procured in connection with such sale and of any <br />revenue required to be paid. <br /> <br />2) All sums then secured hereby. <br /> <br />3) To the payment of junior trust deeds, mortgages, or other lienholders. <br /> <br />4) The remainder, if any, to the person or persons legally entitled thereto. <br /> <br />Each of the parties to this Deed of Trust hereby requests that a copy of any notice of default and <br />a copy of any notice of sale provided for hereinabove be mailed to each such party at his post <br />office address set forth herein. Upon the occurrence of any default hereunder, Beneficiary shall <br />have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure <br />of mortgages on real property or exercise its rights per the power of sale herein. <br /> <br />6. This is a security agreement pursuant to the Uniform Commercial Code ("UCC") <br />as in effect from time to time in the state where the Collateral is located except to the extent the <br />UCC provides for the application of the law of the state of location of Trustor in which event the <br />UCC as in effect from time to time, in such state shall apply, and Beneficiary shall have all rights <br />and remedies of a secured party with respect to said collateral under the UCC as enacted by <br />the State of Nebraska. Trustor warrants to Beneficiary that, except for the security interest <br />created hereby, Trustor owns good title to said collateral and, as to said collateral hereafter <br />acquired, Trustor will own good title to said collateral, free and clear of all liens, security <br />interests, encumbrances and adverse claims of any kind whatsoever. No fixtures or equipment <br />(including, without limitation, watering, irrigation and frost protection equipment and apparatus) <br />shall be removed from said real property without the prior written consent of Beneficiary, except <br />that Trustor shall have the right, without such consent, to remove and dispose of free from the <br />security interest hereof such fixtures and equipment as may from time to time become worn out <br />or obsolete, provided that Trustor shall, simultaneously with or prior to such removal, replace <br />such removed fixtures or equipment with replacement fixtures or equipment having a value, <br />quality and utility at least equal to the removed fixtures or equipment. Trustor authorizes <br />Beneficiary to file one or more financing statements and continuation statements describing the <br />Collateral and hereby ratifies any such financing statement or continuation statement previously <br />filed by Beneficiary. Trustor shall, at Trustor's expense, execute and deliver to Beneficiary such <br />financing and continuation statements covering said collateral as Beneficiary may from time to <br /> <br />11 <br /> <br />
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