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20140040( thereby and other applicable law; provided, that nothing contained in this Section 4 shall limit, modify, alter or terminate the provisions of paragraph 51 of this Security Instrument, which shall remain in effect notwithstanding any provisions herein. 5. Trustee's Sale. Should Lender elect to foreclose by exercise of the power of sale contained herein, Lender shall notify Trustee and shall, if required, deposit with Trustee any of the Note, the original or a certified copy of this Security Instrument, and such other documents, receipts and evidences of expenditures made and secured hereby as Trustee may require. (a) Upon receipt of such notice from Lender, Trustee shall cause the Trustee's interest in the Mortgaged Property to be sold, and the proceeds distributed, all in the manner provided by the Nebraska Trust Deeds Act (the "Act "), and shall cause to be recorded, published and delivered to Borrower such notice of default and notice of sale as may then be required by law and by this Security Instrument. Trustee shall, without demand on Borrower, after lapse of such time as may then be required by law and after recordation of such notice of default and after notice of sale has been given as required by law, sell the Mortgaged Property at the time and place of sale fixed by it in said notice of sale, either as a whole or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to the purchaser or purchasers at such sale its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied, from the Trustee. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustee or Lender, may purchase at such sale, and Borrower hereby covenants to warrant and defend the title of such purchaser or purchasers. (b) As may be permitted by law, after deducting all costs, fees, and expenses of Trustee and of this trust, including costs of evidence of title in connection with the sale, Trustee shall apply the proceeds of the sale to payment, in the following order, of (i) the costs and expenses of exercising the power of sale and of the sale including the payment of Trustee's fees in an amount equal to up to 1% of the outstanding principal balance; (ii) the Debt and all other sums then secured hereby; (iii) junior trust deeds, mortgages, or other lienholders; and (iv) the balance, if any, to the person or persons legally entitled thereto. (c) Trustee may postpone the sale of all or any portion of the Mortgaged Property from time to time in accordance with the Act. 6. Request of Notice. The parties hereto request a copy of any notice of default or notice of sale hereunder be mailed to them at the address set forth in the first paragraph of this Security Instrument. - 115 -