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200000134
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Last modified
7/20/2017 7:09:12 PM
Creation date
10/20/2005 7:36:15 PM
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DEEDS
Inst Number
200000134
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200000134 <br /> apply the proceeds of the sale in the following order: (a) to <br /> all reasonable costs and expenses of the sale, including but not <br /> limited to, Trustee' s fees of not more than 1.5$ of the gross <br /> sale price, reasonable attorney fees and costs of title evidence; <br /> (b) to all sums secured by this Deed of Trust; and (c) the ex- <br /> cess, if any, to the person or persons legally entitled thereto. <br /> Any person, including Beneficiary, may purchase said property at <br /> said sale. <br /> The person conducting the sale may, for any cause he or she <br /> deems expedient, postpone the sale from time to time until it <br /> shall be completed and, in every such case, notice of postpone- <br /> ment shall be given by public declaration thereof by such person <br /> at the time and place last appointed for the sale; provided, if <br /> the sale is postponed for longer than one ( 1) day beyond the date <br /> designated in the notice of sale, notice thereof shall be given <br /> in the same manner as the original notice of sale. <br /> 14 . Remedies Not Exclusive. Trustee and Beneficiary, and <br /> each of them, shall be entitled to enforce payment and perform- <br /> ance of any indebtedness or obligation secured hereby and to ex- <br /> ercise all rights and powers under this Deed of Trust or under <br /> any loan instrument or other agreement or any laws nor or hereaf- <br /> ter enforced, notwithstanding some or all of the indebtedness and <br /> obligations secured hereby which may now or hereafter be other- <br /> wise secured, whether by mortgage, deed of trust, pledge, lien, <br /> assignment or otherwise. Neither the acceptance of this Deed of <br /> Trust nor its enforcement, whether by court action or pursuant to <br /> the power of sale or other powers herein contained, shall preju- <br /> dice or in any manner affect Trustee' s or Beneficiary' s right to <br /> realize upon or enforce any other security now or hereafter held <br /> by Trustee or Beneficiary, it being agreed that Trustee and Bene- <br /> ficiary, and each of them, shall be entitled to enforce this Deed <br /> of Trust and any other security now or hereafter held by the <br /> Beneficiary or Trustee in such order and manner as they, or ei- <br /> ther of them, may in their absolute discretion determine. No <br /> remedy herein conferred upon or reserved to Trustee or Benefici- <br /> ary is intended to be exclusive of any other remedy herein or by <br /> law provided or permitted, but each shall be cumulative and shall <br /> be in addition to every other remedy given hereunder or now or <br /> hereafter existing at law or in equity or by statute. Every <br /> power or remedy given by any of the loan instruments to Trustee <br /> or Beneficiary or to which either of them may be otherwise enti- <br /> tled may be exercised, concurrently or independently, from time <br /> to time and as often as may be deemed expedient by Trustee or <br /> Beneficiary, and either of them may pursue inconsistent remedies. <br /> Nothing herein shall be construed as prohibiting Beneficiary from <br /> seeking a deficiency judgment against Trustor to the extent such <br /> action is permitted by law. <br /> 15. Reauest for Notice. Trustor hereby requests a copy of <br /> any notice of default and that any notice of sale hereunder be <br /> mailed to Trustor at the address set forth in the first paragraph <br /> of this Deed of Trust. <br /> 16. Appointment of Successor Trustee. Beneficiary may, <br /> from, time to time, by written instrument executed and acknowl- <br /> edged by Beneficiary, mailed to Trustor and recorded in the <br /> County in which the property is located and by otherwise comply- <br /> ing with the provisions of the applicable law of the State of Ne- <br /> braska, substitute a successor or successors to the Trustee named <br /> herein or acting hereunder. <br /> 17 . Successors and Assigns. This Deed of Trust appliss tQ, <br /> and inures to the benefit of, and binds all parties hereto, their <br /> heirs, legatees, devisees, personal representatives, successors <br /> and assigns. The term "Beneficiary" shall mean the owner and <br /> holder of the note, whether or not named as Beneficiary herein. <br /> 18. Beneficiary' s Powers. Without affecting the liability <br /> of any other person liable for the payment of any obligation <br /> herein mentioned, and without affecting the lien or charge of <br /> 5 <br /> .. <br />
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