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201007636
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Last modified
10/18/2010 2:47:30 PM
Creation date
10/18/2010 2:47:28 PM
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DEEDS
Inst Number
201007636
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2oioo7s3G <br />any Obligations, third, to the payment of junior trust deeds, mortgages or other liens, and the <br />balance, if any, to the person or persons legally entitled thereto. No remedy herein provided shall <br />be exclusive of any other remedy herein or now or hereafter existing by law, but shall be <br />cumulative. Every power or remedy hereby given to Trustee or the Authority, or to which either <br />of them may be otherwise entitled, may be exercised from time to time and as often as may be <br />deemed expedient by them, and either of thern rnay pursue inconsistent rernedies. If the <br />Authority holds any additional security for any Obligations, it rnay enforce the sale thereof at its <br />option, either befare, conternporaneously with, or after any sale is made hereunder, and on any <br />Event of Default af Grantor, the Authority may, at its option, offset against any Obligations <br />secured hereby, and the Authority is hereby authorized and ernpavvered at its option, without any <br />obligatian so to da, and without affecting Che enforceability af any of the Obligations, to apply <br />toward the payment of any Obligatians of the Grantor to the Authority any and all sums of <br />money of Grantor which the Authority may have in its possession ar under its control. Nothing <br />in this Security Instrument shall be sa construed as to prevent the Authority fram taking every <br />step and means to enforce payrnent and the ather provisions of this Recapture Deed of TrusC and <br />the related loan documents of the Obligations by court proceedings. <br />26. GrattCor and for each party hereto hereby requests a capy af any notice of default <br />and a copy of any notice of sale hereunder be mailed ta them at the applicable addresses <br />provided abave. 1n the event of a default by the Grantor under the 1602 Agreement or Recapture <br />Deed of Trust, the Authority may, but is under no abligation to, natify the investor member of <br />the Grantor by sending written notice to: <br />Midwest Housing Equity Group <br />13520 California Street <br />Suite 2S0 <br />Omaha, Nebraska 68154 <br />Attn: President <br />Horizon Bank <br />1Q841 N. 142nd St. <br />P O Box 447 <br />Waverly, NE 6$462 <br />All notices or other cornrnunications required or permitted to be given pursuant to this Recapture <br />Deed of Trust shall be in writing and shall be cansidered as properly given if (a) mailed by first <br />class United Stat�s mail, pastage prepaid, registered or certified with return receipt requested, <br />(b) delivered in person to the intended addressee or (c) delivered to an independent, nationally or <br />locally recognized th'rrd-party commercial delivery service for sanne day or next day delivery and <br />providing for evidence of receipt at the office af the intended addressee. Notice so mailed shall <br />be effective three days after its deposit with the United States Postal Service or any successor <br />thereto; notice sent by such a commercial delivery service shall be effective one day after <br />delivery to such commercial delivery service; notice given by personal delivery shall be effective <br />only if and when received by the addresses; and notice given by other rneans shall be effective <br />anly if and when received at the designated address of the intended addressee. The parties hereto <br />shall have the right ta change their address for notice hereunder to any other location within the <br />continental United States by the giving af thirty (30) days' notice to the other party in the manner <br />set forth herein. Absent such official written notice of a change in address for Grantor, the <br />Authority and Trustee shall be entitled for all purposes under the 1602 Agreement and this <br />Recapture Deed of Trust to rely upon the addresses as set forth above, as sarne may have been <br />theretofore changed in accordance with the provision hereof. For purposes of notices and other <br />i� <br />Recapture Deed of Trust and 5ecurity Agreement <br />4848-2546-7143.3 <br />
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