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<br />the Courthouse in the County wherein such property is located, describing the property to be sold
<br />by its legal description, said notice to be published in a newspaper of general circulation in the
<br />County wherein such property is located, once a week for five (5) consecutive weeks, the last
<br />publication to be at least ten (10) days, but not more than thirty (30) days prior to the sale; and the
<br />Trustee shall then sell said property at the time and place designated in the notice, in the manner
<br />provided by law in effect at the time of filing said notice, at public auction to the highest bidder for
<br />cash and shall deliver to such purchaser a deed to the property sold, consistent with the law in effect
<br />at the time.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser, Trustee's
<br />Deed conveying the property sold. Recitals in the Trustee's deed shall be prima facia evidence of
<br />the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following
<br />order: (a) to all reasonable costs and expenses of the sale, including but not limited to, Trustee's fees
<br />of not more than two percent (2 %) of the gross sale price, reasonable attorney fees and costs of title
<br />evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or
<br />persons legally entitled thereto. 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 deems expedient, postpone the
<br />sale from time to time until it shall be completed and, in every such case, notice of postponement
<br />shall be given by public declaration thereof by such person at the time and place last appointed for
<br />the sale; provided, if the sale is postponed for longer than one (1) day beyond the date designated in
<br />the notice of sale, notice thereof shall be given in the same manner as the original notice of sale.
<br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled
<br />to enforce payment and performance of any indebtedness or obligation secured hereby and to
<br />exercise all rights and powers under this Deed of Trust or under any loan instrument or other
<br />agreement or any laws now or hereafter enforced, notwithstanding some or all of the indebtedness
<br />and obligations secured hereby which may now or hereafter be otherwise secured, whether by
<br />mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed
<br />of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers
<br />herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize
<br />upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed
<br />that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and
<br />any other security now or hereafter held by the Beneficiary or Trustee in such order and manner as
<br />they, or either of them, may in their absolute discretion determine. No remedy herein conferred upon
<br />or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other
<br />remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power
<br />or remedy given by any of the loan instruments to Trustee or Beneficiary or to which either of them
<br />may be otherwise entitled may be exercised, concurrently or independently, from time to time, and
<br />as often as may be deemed expedient by Trustee or Beneficiary, and either of them may pursue
<br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking
<br />a deficiency judgment against Trustor to the extent such action is permitted by law.
<br />14. Request for Notice. Trustors hereby request a copy of any notice of default and that any
<br />notice of sale hereunder be mailed to Trustors at the address set forth in the first paragraph of this
<br />Deed of Trust.
<br />15. Appointment of Successor Trustee. Beneficiary may, from time to time, by written
<br />instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in the
<br />County in which the property is located and by otherwise complying with the provisions of the
<br />applicable law of the State of Nebraska, substitute a successor or successors to the Trustee named
<br />herein or acting hereunder.
<br />16. Successors and Assigns. This Deed of Trust applies to and inures to the benefit of and
<br />binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and
<br />assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not named
<br />as Beneficiary herein.
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