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201104�9� <br />30. Assignment of leases and rents. Borrower agrees that the assignment of leases and rents in this instrument is immediately <br />effective 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 properiy, and to any other necessary related expenses. Any remaining <br />amounts shall be applied to reduce the debt evidenced by the note(s). Borrower agees that the Government may demand that <br />Borrower and Bonower's tenants pay all rents due or to become due directly to the Government if the Borrower defaults and the <br />Governcnent notifies Bonower 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 automaric stay in bankraptcy for the purpose of enforcing this assignment. <br />31. Application of foreclosure proeeeds. 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 inslTUment, <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. Sabstitute 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. The <br />substitute trustee may or may not be an employee of the Government. Upon such filing, all the estates, rights, powers, and trusts <br />ganted to Trustee shall transfer to the substitute trustee. Any riglnt 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 />Borrower. Such advances with interest thereon, sha11 be secured by this Trust Deed. <br />34. Request for Notice. The parties hereby request that a eopy of any notice of default and a copy of any notice of sale be <br />mailed to each 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 />_����-�!�"�" � � �BOYYOW2P� �' �BOYYOW2Y� <br />David . Clampit�t — James R. CZampitt <br />(Borrower) � � �w�- (Borrower) <br />ACKNOWLEDGMENTS <br />STATE OF NEBRASKA <br />COUNTY OF �all <br />t SS• (Individual) <br />f <br />On this 29 day of June , 2011 , before me personally appeared David R. Clampitt, a 3ingle <br />}, husband a d if e <br />person fti .Tamc�c R r7 am�i tt � A �t ��e ��� known to me to�ie t�e same whose name is subscribed to the <br />foregoing instrument, and acknowledged that (he or she) s� and delivered the instrument as (his or her) free and voluntary act, <br />for the uses and purposes set forth. <br />My commission expires: ��T� � <br />..� � 7 � 1� ���.�,�,�,3 <br />Note: Page 7 of 7 applies to entities only and will not be recorded for individuals. <br />ti <br />��� <br />NOTARY PUBLIC <br />FSA 1927-1 NE (01-28-OS) Page 6 of 7 <br />� <br />