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200509791
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Last modified
10/3/2005 2:56:08 PM
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10/3/2005 2:56:07 PM
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DEEDS
Inst Number
200509791
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<br />200509791 <br /> <br />secured by this Deed of Trust to be immediately due and payable and proceed to the remedies available to <br />it under the default provisions contained herein. Either Beneficiary may proceed independent of the other <br />Beneficiary. <br />12. If the power of sale is invoked, Trustee shall record a notice of default in each county in <br />which any part ofthe property is located and shall mail copies of such notice in the manner prescribed by <br />Nebraska law. Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />Nebraska law. Trustee, without demand on Trustor, shall sell the property at public auction to the highest <br />bidder at the time and place and under the terms designated in the notice of sale of all or any parcel of the <br />property by public announcement at the time and place of any previously scheduled sale. Beneficiary or <br />its designee may purchase the property at any sale. <br />Upon receipt ofpayrnent of the price bid, Trustee shall deliver to the purchaser Trustee's Deed <br />conveying the property. The recitals in the Trustee's Deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of sale in the following order: (a) to all <br />expenses of the sale including, but not limited to, Trustee's fees as permitted by Nebraska law and <br />reasonable attorney fees; (b) to all sums secured by this security agreement; and (c) any excess to the <br />person or persons legally entitled to it. Each Beneficiary shall have an equal share to the proceeds with the <br />other Beneficiary unless otherwise agreed by each Beneficiary with the other Beneficiary. <br />13. Upon acceleration under Paragraph 11 or abandonment of the property, Beneficiary (in <br />person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and <br />manage the property and to collect the rents of the property, including those past due. Any rents collected <br />by Beneficiary or the receiver shall be applied first to payment of the costs of management of the property <br />and collection of rents including, but not limited to, receiver's fees, premiums on receiver's bonds and <br />reasonable attorney fees, and then to the sums secured by this security instrument. <br />14. Upon payment of all sums as herein provided, Beneficiary shall direct Trustee to reconvey <br />the property and shall surrender this security instrument and the guaranty secured. Trustee shall reconvey <br />the property without warranty and without charge to the persons legally entitled to it. <br />15. Beneficiary, at its option, may from time to time remove Trustee and appoint a successor <br />Trustee by an instrument recorded in the county in which this security instrument is recorded. Without <br />conveyance ofthe property, the successor Trustee shall succeed to all the title, power and duties conferred <br />upon Trustee herein and by Nebraska law. <br />16. Trustor requests that copies of all notices provided herein be sent to Trustor's address <br />which is 502 Claude Road, Grand Island, NE 68803. <br /> <br />IN WITNESS WHEREOF, the Trustor has signed this agreement. <br /> <br />Twin Valley Investments, Ltd., a Nebraska Limited <br />Partnership, Trustor, <br /> <br /> <br />By: <br /> <br />STATE OF NEBRASKA; COUNTY OF HALL) ss. <br /> <br />The foregoing instrument was acknowledged before me on this 1 st day of October, 2005, by <br />Jeffrey Damratowski, General Partner or Twin V alley ~~~e tm:nts, ~' a>>:;::Limited Partnership. <br /> <br /> <br />GENERAl NOTARY - State of Nebraska 75f. C <br />peGGY A RICHTER NOT LIC <br />724-1/126617 My Comm. Exp. June 6. 2008 <br /> <br />3 <br />
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