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201104044
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201104044
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Last modified
9/14/2011 12:18:22 PM
Creation date
5/31/2011 2:51:49 PM
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DEEDS
Inst Number
201104044
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, <br />20110404� <br />10. The proceeds of any condemnation award are hereby assigned and shall be paid to <br />er and shall be applied to the sums secured by this Deed of Trust, whether or not then due, <br />any excess to be paid to Borrower. <br />11. Any extensions or modifications of the loan granted by Lender to any successor in <br />�terest of Borrower shall not operate to release the liability of the original Borrower or <br />orrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />iall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Any notice to Borrower provided for in this Deed of Trust sha11 be given by <br />ng it or mailing it by First-Class Mail, unless Nebraska Law requires use of another <br />, at the Borrower's last known address. <br />13. This Deed of Trust shall be governed by Nebraska Law. <br />14. Lender shall give notice to Borrower following Borrower's breach of any <br />;nant or agreement in this Deed of Trust and the Debt that it secures. The notice shall <br />�ify (a) the default, (b) the action required to cure the default, (c) a date not less than ten (10) <br />o from the date the notice is given to Borrower by which the default must be cured, and (d) <br />failure to cure the default on or before the date specified in the notice may result in <br />;leration of the sum secured by this Deed of Trust and sale of the Property pursuant to the <br />er of sale herein granted. The notice shall further inform Borrower of the right to reinsta.te <br />� acceleration and the right to bring a court action to assert the nonexistence of a default or <br />other defense of Borrower to acceleration and sale. <br />If default is not cured on or before the date specified in the notice, Lender, at its option, <br />require immediate payment in full of all sums secured by this Deed of Trust without further <br />and and may invoke the power of sale and any other remedies permitted by Nebraska Law. <br />ier shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />graph or otherwise taken to protect its interest in collateral described in this Deed of Trust or <br />rce any provisions hereof, including but not limited to reasonable attorney fees and costs of <br />evidence. <br />15. If the power of sale is invoked, Trustee shall record a notice of default in each <br />�unty in which any part of the Property is located and shall mail copies of such notice in the <br />anner prescribed by Nebraska law. Trustee, without demand on Borrower, shall sell the <br />•operty, at public auction to the highest bidder at the time and place and under the terms <br />;signated in the notice of sale, in one or more parcels and in any order Trustee determines. <br />:ustee may postpone sale of all or any parcel of the Property by public announcement at the <br />ne and place of any previously-scheduled sale. Lender or its designee may purchase the <br />�operty at any sa1e. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser a <br />rustee's Deed conveying the Property. Trustee shall apply the proceeds of sale in the following <br />•der: (a) to all expenses of the sale, including but not limited to Trustee's fees as permitted by <br />ebraska law and reasonable attorney fees; (b) to all sums secured by this Deed of Trust; and (c) <br />ry excess to the person or persons legally entitled to it. <br />16. As additional security for the Debt, Borrower hereby assigns all rents, issues and <br />�fits of the Property to Lender. Upon acceleration under paragraph 14 or abandonment of the <br />�perty, Lender (in person, by agent, or by judicially-appointed receiver) shall be entitled to <br />ter upon, take possession of, and manage the Property and to collect the rents of the Property, <br />�luding those past due. Any rents collected by Lender or the receiver shall be applied first to <br />yment of the costs of management of the Property and collection of rents, including but not <br />nited to receiver's fees, premiums on receiver's bonds, and reasonable attorney fees, and then <br />the sums secured by this Deed of Trust. <br />17. Upon payment of all sums as herein provided, Lender shall direct Trustee to <br />y the Property and shall surrender this Deed of Trust and the Debt secured hereby. <br />shall reconvey the Property without warranty and without charge to the persons legally <br />to it. <br />Page 3 of 4 <br />
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