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200805532
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6/27/2008 3:11:24 PM
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6/27/2008 3:11:23 PM
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DEEDS
Inst Number
200805532
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<br />200805532 <br /> <br />Loan #: 002005407224 <br />Deed of Trust, continued <br /> <br />17. Release. Upon payment of all sunl'i secured by this Deed of Trost and any applicable Early Closure Release <br />Fee or other fees due Us and upon (a) expiration of the Agreement or (b) Your request, We shall release this Deed <br />of Trost and You shall pay all costo; of recordation, if any. <br /> <br />18. ADoointment of Receiver: Lender in Possession. Upon acceleration under this Deed of Trost or <br />ablIndonment of the Pmperty, We shall be entitled to have a receiver appointed by a court to enter upon, take <br />possession of, and ll18I1llge the Property and collect the rents of the Property including those past due. All rents <br />collected by the receiver shall be applied first to payment of the costs of ll1lIDIgement of the Property and <br />collection of rents, including but not limited to, receiver's fees and premiUDl'i on the receiver's bonds and <br />reasonable attorney's fees and then to the SUDl'i secured by this Deed of Trost. The receiver shall be liable to <br />account only for those renl<; actually received. <br /> <br />19. Statement of Oblil!ation. We may collect a fee for furnishi~ a statement of obli~ation in an amount not to <br />exceed the maximum amount pemlitted under applicable law. <br /> <br />20. No Memer. There shall be no merger of the interest or estate created by this Deed of Trost willi any other <br />interest or estate in the Property at any time held by or for Our benefit in any capacity, without Our prior written <br />consent. <br /> <br />21. J<'ixture "'iling. This Deed of Trost constitutes a financi~ statement filed as a fixture filing in the Official <br />Records of the County Recorder of the county in which the Property is located witll respect to any and all fixtures <br />included witllin the teml "Property" as used in this Deed of Trost and with respect to any goods or other personal <br />property that may now or hereafter become such fixtures. <br /> <br />22. Third Partv Waivers. In tile event that any of You hll'> not also signed the Agreement as Bonower, each of <br />You: (a) agrees that We may, from time to time, williout notice to, consent from or demand on Yon, and williout <br />affecting or impairing in any way any of Our rights or Your obligations, (i) renew, extend, accelerate, <br />compromise or cl1m1:e the interest rate or other teml'i of the Agreement and any promissory note or agreement <br />evidencing a Future Loan Advance, and (ii) accept, waive and release other security (including guarantees) for the <br />obligations arising under the Agreement or any pmmissory note or agreement evidencing a "'utore Loan Advance, <br />and (b) waives (i) any right to require Us to proceed agaill'it any Bonower or any other person, proceed agaill'it or <br />exhaust any security for llie obligations secured by this Deed of Trost or pursue any other remedy in Our power <br />whatsoever, (ii) any defense or right against Us arising out of any disability or other defense or cessation of <br />liability of any Bonower for MY reason other thlUl full payment, (iii) any defense or right against Us arising out <br />of Our foreclosure upon the Property, even though sueh foreclosure results in the loss of MY right of subrogation, <br />reimbursement or otller right You have against any Bonower, (iv) all presentments, diligence, protests, demands <br />and notice of protest., dishonor, and nonpcrl'onnance, (v) until payment in full of the indebtedness secured by this <br />Deed of Trost, any ri~ht of subrogation or the benefit of any security for such indebtedness, and (vi) tile benefit <br />of the statute of limitations affeeting the Property to tile extent pennitted by law. Any partial payment by <br />Bonower or other circumstance that operates to toll any statute of limitations as to such person shall operate to <br />toll such statute as to You. <br /> <br />23. Choiee of Law. The Deed of Trust will be ~overned by United States federal law and, to the extent the <br />United States fCflerallaw is inaw)ieable, tIlen by tile laws of the State of Nevada; except that, with regan:l to tile <br />perfection and enforcement of Citibank's security interest in the Property, tile Deed of Trust will be <br />governed by the law of the state where the Property is located <br /> <br />MB2533_2 Deed of Tl1.lst . Nebraska - 04/2007 <br /> <br />Page 6 of 8 <br /> <br />CitiMortgage 3.2.15.16 V2 <br />
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