<br />RE-RECORDEO - 200803929
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<br />200803330
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<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.
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<br />31. Application of foreclosure proceeds. The proceeds of foreclosure sale shall be applied in the following order to the
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<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.
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<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.
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<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.
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<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.
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<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.
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<br />C%~~H
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<br />(Borrower)
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<br />(Borrower)
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<br />(Borrower)
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<br />(Borrower)
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<br />-,'''.'..'' -,.~,..,,";;~1.ADGMENTS
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<br />STATE OF NEBRASKA
<br />COUNTY OF Hall
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<br />} ss.
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<br />(Individual)
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<br />On this 9 th day of Apr i I 2008 , before me personally appeared TROY M. RAINFORTH AND
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<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.
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<br />3 -~ 7- 2009
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<br />My commission expires:
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<br />NOTARY PUBLIC
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<br />Note: Page 7 of7 applies to entities only and will not be recordedfor individuals.
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<br />FSA 1927-1 NE (01-28-05) Page 60f7
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