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200906852
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200906852
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Last modified
8/18/2009 4:40:59 PM
Creation date
8/18/2009 4:25:18 PM
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DEEDS
Inst Number
200906852
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200906852 <br />uncertain. <br />c. The Trustee may consult with counsel of the Trustee's awn choosing and <br />the advice of such counsel shall be full and complete authorization and <br />protection in respect to any action taken ar suffered by the Trustee <br />hereunder in good faith and in reliance upon such advice. <br />d. The Trustee shall oat be liable for any action taken by the Trustee in goad <br />faith and reasonably believed by the Trustee to be authorized or within the <br />discretion ar rights or powers conferred upon the Trustee by this Deed of <br />Trust. <br />15. Events of Default. Any of the following events shall be deemed to be an event of <br />default under this ^eed of Trust: <br />a. The Trustors shall have failed to perform any covenant made by the <br />Trustors to be performed herein; the Beneficiary shall have given the <br />Trustors written notice of the failure of the Trustor to pertarm their <br />covenants hereunder; and the Trustors shall have failed to remedy such <br />failure to perform within thirty (3D) days after such written notice from <br />Beneficiary to Trustors. <br />b. The Trustors shall have failed to pay any installment due an the <br />Promissory Nate secured by this Deed of Trust. <br />c. The Trustors shall have sold or encumbered, ar attempted to sell or <br />encumber the Property, in violation of paragraph 11, as set forth above. <br />1¢.Acceleration Upvn Default. Additional Remedies. Should an event of default <br />occur, the Benel•aciary may declare all of the indebtedness secured by this Deed <br />of Trust, immediately due and payable and the same shall thereupon became <br />due and payable without any further presentment, demand, protest, or notice of <br />any kind. Thereafter, the Beneficiary may. <br />a. Either in person or by agent, with or without bringing any action or <br />proceeding, or by a receiver appointed by the Court and without regard to <br />the adequacy of the Property, enter upon and take possession of the <br />Property, or any part thereof, in the Beneficiary's awn name or in the <br />name of the Trustee, and da any acts which the Beneficiary deems <br />necessary or desirable to preserve the value, marketability or rentability of <br />the Property, or any part thereof, ar interest therein; increase the income <br />therefrom ar protect the trust property hereof; and with ar without taking <br />possession of the Property, sue far or otherwise collect rents, issues and <br />profits thereof, including those past due and unpaid, and apply the same, <br />less costs and expenses of operation and collection, including attorney's <br />fees, an any indebtedness secured hereby, all in such order as the <br />Beneficiary may determine. The entering upon and taking possession of <br />the Property, the collection of such rents, issues and profits and the <br />application thereof shall not cure ar waive any default or notice of default <br />hereunder, or invalidate any act done in response to such default yr <br />'~ pursuant to such notice of default and, notwithstanding the continuance in <br />possession of the Property or the collection, receipt and application of <br />rents, issues or profits, the Trustee or Beneficiary shall be entitled to <br />exercise every right provided for in this Deed of Trust, or under Nebraska <br />law in the event of a default, including the right to exercise the Power of <br />Sale_ <br />b. Commence an action to foreclose this Deed of Trust as a mortgage, to <br />seek a deficiency on the indebtedness after foreclosure, to appoint a <br />receiver, and to otherwise specifically enforce any of the covenants ar <br />provisions hereof. <br />c. Deliver to the Trustee a written declaration of default and demand for sale; <br />and, a written Notice of Default and election to cause Trustor's interest in <br />the Property to be Bald under the Power of Sale contained herein, with <br />Notice the Trustee shall cause to be filed for record in the office of the <br />Buffalo County Register of Deeds, all to the extent required by the <br />applicable law_ <br />d. Advance such sums as the Beneficiary deems necessary to protect the <br />Property and cure any default of the Trustors, adding any such amounts . <br />
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