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200500902
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Last modified
10/17/2011 1:42:39 AM
Creation date
10/18/2005 3:10:25 PM
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DEEDS
Inst Number
200500902
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200500902 <br />TRUSTOR AND BENEFICIARY AGREE AS FOLLOWS: <br />1. Trustor shall pay when due, the principal and interest as provided in said note. <br />2. All payments received by Beneficiary shall be first applied to advances, which may have <br />been made by Beneficiary and then to interest due and last to principle due. <br />3. Trustor shall pay all general real estate taxes and special assessments against the property <br />before the same become delinquent. <br />4. If Beneficiary determines that any part of the property is subject to a lien, other than to <br />Pitcher and Pitcher Properties, which is or may attain priority over this security instrument, Beneficiary <br />may give Trustor a notice identifying the lien and Trustor shall satisfy the lien within ten (10) days. <br />5. Buyer 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 showing Beneficiary herein. In event of loss, Beneficiary may <br />make proof of loss if not promptly made by Trustor. Insurance proceeds shall be applied to restoration or <br />repair of the property damaged, unless both parties otherwise agree, except if proceeds shall be paid on <br />the debt herein, whether or not then due. <br />Unless Beneficiary and Trustor otherwise agree in writing, any payments or proceeds from <br />insurance shall not extend or postpone the due date of the monthly payments provided in said note, or <br />change the amount of the payments. <br />6. If Trustor fails to perform the covenants and agreements herein contained, Beneficiary may <br />do and pay for whatever is necessary to protect the value of the property and Beneficiary's rights in the <br />property, including the paying of any sum secured by a lien which has priority over this security <br />instrument, appearing in court, paying reasonable attorney fees and entering the property to make repairs. <br />Any amount disbursed by Beneficiary under this paragraph shall become an additional debt of Trustor <br />secured by this security instrument, to bear interest from the date of disbursement and said amount, <br />together with the then unpaid principal amount, shall bear interest at the highest lawful rate until refunded <br />by Trustor. <br />7. The proceeds of any condemnation award are hereby assigned and shall be paid to <br />Beneficiary and shall be applied to the sums secured by this security instrument, whether or not then due, <br />with any excess paid to Trustor. <br />8. Any forbearance by Beneficiary in exercising any right or remedy shall not be a waiver of <br />or preclude the exercise of any right or remedy. <br />9. Any notice to Trustor provided for in this security instrument shall be given by delivering <br />it or may mailing it by first class mail unless Nebraska Law requires use of another method, at the <br />Trustor's last known address. <br />10. This security instrument and the note, which it secures, shall be governed by Nebraska law. <br />11. Beneficiary shall give notice to Trustor following Trustor's breach of any covenant or <br />agreement in this security agreement and the note, which it secures. The notice shall specify (a) the <br />default, (b) the action required to cure the default, (c) a date not less than thirty (30) days from the date of <br />the notice is given to Trustor by which the default must be cured, and (d) that failure to cure the default on <br />or before the date specified in the notice may result in acceleration of the sum secured by this security <br />agreement and resale of the property. The notice shall further inform Trustor of the right to reinstate, after <br />acceleration, and the right to bring a court action to assert the nonexistence of a default or any other <br />defense of Trustor to acceleration and sale. If default is not cured, on or before the date specified in the <br />notice, Beneficiary, at its option, may require immediate payment in full of all sums secured by this <br />Security Agreement without further demand and may invoke the power of sale and any other remedies <br />permitted by Nebraska law. Beneficiary shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in this paragraph, including but not limited to reasonable attorney fees and costs of title <br />evidence. If all or any part of the property or any interest of Trustor therein is sold or transferred without <br />the express or written consent of Beneficiary, Beneficiary may, at their sole option, declare all sums <br />2 <br />
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