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<br />RE-RECORDEO - 200803929 <br /> <br />200803330 <br /> <br />30. Assignment of leases and rents. Borrower agrees that the assignment of leases and rents in this instrument is immediately <br />effective on the recording of this instrument. Upon default, the Borrower will receive any rents in trust for the Government, and <br />Borrower will not commingle the rents with any other funds. Any amounts collected shall be applied at the Government's discretion <br />first to costs of managing, protecting and preserving the property, and to any other necessary related expenses. Any remaining <br />amounts shall be applied to reduce the debt evidenced by the note(s). Borrower agrees that the Government may demand that <br />Borrower and Borrower's tenants pay all rents due or to become due directly to the Government if the Borrower defaults and the <br />Government notifies Borrower of the default. Upon such notice, Borrower will endorse and deliver to the Government any <br />payments of rents. If the Borrower becomes subject to a bankruptcy, then Borrower agrees that the Government is entitled to <br />receive relief from the automatic stay in bankruptcy for the purpose of enforcing this assignment. <br /> <br />31. Application of foreclosure proceeds. The proceeds of foreclosure sale shall be applied in the following order to the <br /> <br />payment of: (a) costs and expenses incident to enforcing or complying with this instrument, (b) any prior liens required by law or a <br />competent court to be so paid, (c) the debt evidenced by the note and all other debt to the Government secured by this instrument, <br />(d) inferior liens of record required by law or a competent court to be so paid, (e) at the Government's option, any other debt of <br />Borrower to the Government, and (f) any balance to Borrower. If the Government is the successful bidder at foreclosure or other <br />sale of all or any part of the property, the Government may pay its share of the purchase price by crediting such amount on any <br />debts of Borrower owing to the Government in the order prescribed above. <br /> <br />32. Substitute trustee. The Government and its assigns, without notice and without specifYing any reason therefore, may <br />~~i;"~="ilppoiill If su'tJstlftrtfnroSfeeliy-nIing--{or-reSot',ffil''tiiiNfiCe wnere'lhls'-insti1imeIrt;ls recorded an instrument of appointmenEthe--- <br />substitute trustee mayor may not be an employee of the Government. Upon such filing, all the estates, rights, powers, and trusts <br />granted to Trustee shall transfer to the substitute trustee. Any right to notice of substitution and bond from any trustee are hereby <br />waived. <br /> <br />33. Future Advances. Upon request of Borrower, Government may, at its option, make additional and future advances to the <br />Borrower. Such advances with interest thereon, shall be secured by this Trust Deed. <br /> <br />34. Request for Notice. The parties hereby request that a copy of any notice of default and a copy of any notice of sale be <br />mailed to each party to this Trust Deed at the address set forth in the manner prescribed by applicable law. Except for any other <br />notice required by law to be given in another manner, any notice provided for in this Trust Deed shall be given by mailing such <br />notice bycerti,fied mail ad4r~ss~ to the parties, at th~, address~etforth aboy.e. <br />'."'>'ll'- <br /> <br /> <br /> <br />~.' <br /> <br /> <br />By signing below, Borrower accepts and agrees' to the terms and covenants contained in this instrument and in any rider executed by <br />Borrower and recorded with this instrument. <br /> <br />C%~~H <br /> <br />(Borrower) <br /> <br /> <br />(Borrower) <br /> <br />(Borrower) <br /> <br />(Borrower) <br /> <br />-,'''.'..'' -,.~,..,,";;~1.ADGMENTS <br /> <br />STATE OF NEBRASKA <br />COUNTY OF Hall <br /> <br />} ss. <br /> <br />(Individual) <br /> <br />On this 9 th day of Apr i I 2008 , before me personally appeared TROY M. RAINFORTH AND <br /> <br />VIRGINIA L. RAINFORTH. HUSBAND ~o ~~~n to me to be the same whose name is subscribed to the <br />foregoing instrument, and acknowledged that (he or she) signed and delivered the instrument as (his or her) free, and voluntary act, <br />for the uses and purposes set forth. <br /> <br />3 -~ 7- 2009 <br /> <br /> <br />~~~ <br />' :".."",' <br /> <br /> <br />/nA~~) ., . <br /> <br />My commission expires: <br /> <br />NOTARY PUBLIC <br /> <br />..... L , t <br /> <br />Note: Page 7 of7 applies to entities only and will not be recordedfor individuals. <br />',:iIo. ", "', ., .,. 1') .'j ",:w, '~"l <br />'" .\ 'I I. nil, .. ft (I f' <br />-$. <br /> <br />FSA 1927-1 NE (01-28-05) Page 60f7 <br /> <br />~ J; .~,:r:~~t <br /> <br />"" <br /> <br />~ <br />