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� _r�:��� <br />30. Assignment of leases and rents. Borrower agrees that the assignment of leases and rents in this instrument is immediately <br />effecrive on the recording of this instrument. Upon default, the Borrower will receive any rents in trust for the Government, and <br />Borrower will not commingle the rents with any other funds. Any amounts collected shall be applied at the Government`s discretion <br />first to costs of managing, protecting and preserving the property, and to any other necessary related expenses. Any remaining <br />amounts shall be applied to reduce the debt evidenced by the note(s). Borrower agrees that the Government may demand that <br />Borrower and Borrower's tenants pay all rents due or to become due directly to the Government if the Borrower defaults and the <br />Government notifies Borrower of the default. Upon such notice, Borrower will endorse and deliver to the Government any <br />payments of rents. If the Borrower becomes subject to a bankruptcy, then Borrower agrees that the Government is entitled to <br />receive relief from the automatic stay in bankruptcy for the purpose of enforcing this assignment. <br />31. Applrcation of foreclosure proceeds. The proceeds of foreclosure sale shall be applied in the following order to the <br />payment of: (a) costs and expenses incident to enforcing or complying with this instrument, (b) any prior liens required by law or a <br />competent court to be so paid, (c) the debt evidenced by the note and all other debt to the Government secured by this instrument, <br />(d) inferior liens of record required by law or a competent court to be so paid, (e) at the Government's option, any other debt of <br />Borrower to the Government, and ( fl any balance to Borrower. If the Government is the successful bidder at foreclosure or other <br />sale of all or any part of the property, the Government may pay its share of the purchase price by crediting such amount on any <br />debts of Borrower owing to the Government in the order prescribed above. <br />32• Substitute trustee. The Government and its assigns, without notice and without specifying any reason therefore, may <br />appoint a substitute trustee by filing for record in the office where this instrument; is recorded an instrument of appointment. T'he <br />substitute trustee may or may not be an employee of the Government. Upon such filing, all the estates, rights, powers, and irusts <br />granted to Tnistee shall transfer to the substitute trustee. Any right to notice of substitution and bond from any trustee are hereby <br />waived. <br />33. Future Advances. Upon request of Borrower, Government may, at its option, make additional and future advances to the <br />Bonower. Such advances with interest thereon, shall be secured by this Trust Deed. <br />34. Request for Notice. The parties hereby request that a copy of any notice of default and a copy of any notice of sale be <br />mailed to 0ach party to this Trust Deed at the address set forth in the manner prescribed by applicable law. Except for any other <br />notice required by law to be given in another manner, any notice provided for in this Trust Deed shall be given by mailing such <br />notice by certified mail addressed to the parties, at the address set forth above. <br />By signing below, Borrower accepts and agrees to the terms and covenants contained in this instrument and in any rider executed by <br />Borrower and recorded with this instrument. <br />s���� � /� ` <br />,�LL , (Bot�ower) (Borrowerj <br />David R. Clampitt <br />(Borrower) <br />STATE OF NEBRASKA <br />COUNTY OF Hall <br />pn this 29 th day of June 2011 <br />(Bo�rower) <br />ACKNOWLEDGMENTS <br />� SS• (Individual) <br />, before me personally appeared David R. Clampitt, <br />a s in�le person to be known to me to be the same whose name is subscribed to the <br />foregoing instrument, and acknowledged that (he or she) signed and delivered the instrument as (his or her) free and voluntary act, <br />for the uses and purposes set forl:h. <br />My commission expires: GENERAL NOTAAY- eSffite of N braska <br />JANICE K. BOEHLE <br />My Comm. Et�. March Z7, 2013 <br />�- � �- �0�� <br />NOTARY PUBLIC <br />Note: Page 7 of 7 applies to entities ondy and will not be recorded for individuals. FSA 1927-1 NE (01-28-OS) Page 6 of 7 <br />