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200809938
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Last modified
3/4/2012 12:12:00 PM
Creation date
12/5/2008 2:32:42 PM
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DEEDS
Inst Number
200809938
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200809938 <br />5. Borrower shall keep the improvements on said premises insured against loss by fire and <br />hazards included within the term "extended coverage" for their insurable value and policies for the same <br />shall include a standard mortgage clause identifying Lender herein. In event of loss, Lender may make <br />proof of loss if not promptly made by Borrower. Insurance proceeds shall be applied to restoration or <br />repair of the property damaged, unless both parties otherwise agree, except if restoration or repair is not <br />economically feasible or Lender's security is not lessened, otherwise said proceeds shall be paid on the <br />debt herein, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any <br />payments or proceeds from insurance shall not extend or postpone the due date of the payment provided <br />in said Note, or change the amount of the payment. <br />6. If Borrower fails to perform the covenants and agreements herein contained, Lender may <br />do and pay for whatever is necessary to protect the value of the property and Lender's rights in the <br />property, including the payment of any sum secured by a lien which has priority over this Deed of Trust, <br />appearing in Court, paying reasonable attorney fees and entering the property to make repairs. Any <br />amount disbursed by Lender under this paragraph shall become an additional debt of Borrower secured by <br />this Deed of Trust, to bear interest from the date of disbursement and said amount, together with the then <br />unpaid principal amount, shall bear interest at the highest lawful rate until refunded by Borrower. <br />7. The proceeds of any condemnation award are hereby assigned and shall be paid to Lender <br />and shall be applied to the sums secured by this Deed of Trust, whether or not then due, with any excess <br />paid to Borrower. <br />8. Any extensions or modifications of the loan granted by Lender to any successor -in- <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's <br />successors -in- interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver <br />of or preclude the exercise of any right or remedy. <br />9. Any notice to Borrower provided for in this Deed of Trust shall be given by delivering it <br />or by mailing it by first class mail unless Nebraska law requires use of another method, to the Borrower's <br />last known address. <br />10. This Deed of Trust and the Note which it secures shall be governed by Nebraska law, <br />11. If any payment of principal under the Note is not paid when due and remains unpaid for a <br />period of thirty (30) days after the due date, Lender, at his option, may require immediate payment in full <br />of all sums secured by this Deed of Trust without further demand and may invoke the power of sale and <br />any other remedies permitted by Nebraska law. Lender shall be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this paragraph, including but not limited to reasonable attorney fees <br />and costs of title evidence. The failure of Lender to exercise the option to accelerate, or any other rights <br />to which Lender may be entitled, shall not constitute a waiver of the right to exercise such option or other <br />rights in the event of any subsequent default by Borrower. <br />12. If the power of sale is invoked, the Trustee shall record a notice of default in the county <br />in which the 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 Borrower, shall sell the property at public auction to the <br />highest bidder at the time and place under the terms designated in the notice of sale in one or more parcels <br />and in any order Trustee determines. Trustee may postpone sale of all or any parcel on the property by <br />public announcement at the time and place of any previously scheduled sale. Lender or his designee may <br />purchase the property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the <br />purchaser the Trustee's Deed conveying the property. The recitals in the Trustee's Deed shall be prima <br />2 <br />
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